Owala Nurse Week  - Nomination Rules

Contest Rules

By entering into the Owala Nurse Week Nomination Giveaway (the “Contest”), you agree and accept these rules (the “Official Rules”) and the decisions of Owala, which are final and binding. You further acknowledge that winning a prize is contingent upon fulfilling all the requirements set forth hereinThis Contest is sponsored by Trove Brands, LLC, owner of the brand Owala (hereinafter “Owala”). 

How to Enter:

Fill out a nomination and submit it to us via https://owalalife.com/pages/nurse-day-nomination. Your nomination must be 200 words or less and must be submitted along with the name and email address of both the nominator and nominee (if they are different). NO PURCHASE NECESSARY. PURCHASING PRODUCT FROM OWALA OR A PAYMENT OF ANY KIND WILL NOT INCREASE THE CHANCES OF WINNING. 

The odds of winning the Contest will depend on the number of eligible entries received. The contest winner will be selected based on criteria described below, not at random. 

All nominations must be submitted according to the Submission Phase described below. 

 Eligibility Rules: Nominations must be made in the method and timeframe listed in the “How to Enter” section of the Official Rules. 

Nominees must be natural persons who are legal residents of, and physically located within the continental United States, must be a currently licensed nurse in a State of the United States of America, and of the legal age of 18 at the time of entry.  

Employees of Owala and their immediate family members (spouses, parents, children, siblings and their respective spouses) are not eligible for the Contest regardless of where they reside.  Those living in the same household as an Owala employee is not eligible for the Contest (whether related to the employee or not). 

Owala’s computer systems shall be the official time-keeping device for the Contest.  Owala reserves the right to, and may at any time and with or without advance notice, change, extend, or adjust the Contest Period and/or any of the start dates or end dates for any of the Contest Period phases. 

The Contest is void where prohibited or restricted by law.  

Submission PhaseFill out the nomination form located at https://owalalife.com/pages/nurse-day-nomination (the “Entry”).  All forms must be submitted no later than May 10th 3,2021 3pm Mountain time. 

No Entry shall contain language that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous. 

No Entry shall contain language that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age. 

No Entry shall contain material that violates or infringes another’s right, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. If Entry contains material that Owala believes to violate another’s rights, Owala may at its sole discretion choose to either disqualify the Entry or require Nominator to provide proof of permission to use such material. 

No Entry shall contain any identifiable names or markings of any third-party (e.g., logos or trademarks) other than the name and email address of the Nominee. 

No Entry shall contain copyrighted materials or original works of authorship owned by others. 

If any Entry appears to duplicate any other Entry or if multiples of the same Entry are submitted, only one (1) Entry will be considered, and all others will not be eligible or accepted. 

Other than the name and email address of the Nominee or as otherwise required, no Entry shall contain any personal identification, such as license plate numbers or street address. 

The Entry shall not communicate messages or images inconsistent with the positive images and/or good will to which Owala wishes to associate. 

The Entry shall not contain material or any statement that is unlawful, or in violation of any laws or regulations, in the jurisdiction where the Entry was created. 

By submitting the Entry, Nominator does transfer all rights, including any applicable copyrights, associated with the Entry, to Owala. 

Entrants further agree that by submitting their entry they give permission to Owala to edit the text of nomination Owala may deem necessary in order to preserve the privacy of the Nominee. 

Information submitted as part of the nomination form will not be used except for in the administration of this Contest. Likes, shares and other features offered through social media shall be used according to the terms and conditions of the respective social media platform.  

Judging Phase:  A committee of judges selected by Owala (the “Judging Committee”).  Entrants are forbidden to contact Owala or any member of its judging committee during or after the Contest Period regarding the Contest. Judging of Nominees shall be in the Judging Committee’s sole discretion and shall include factors including, but not limited to, the Nominee’s impact on the community, demonstration of excellence in the nursing profession and the demonstration of caring and compassion as a nurse. By entering the Contest, each Nominator agrees that Owala’s decisions regarding the winning nomination and in regard to all related matters (including, without limitation, eligibility) shall be final and binding in all respects.  

The Judging Committee shall select contest finalists from the eligible Entries and shall contact all Nominees and Nominators notifying them that they have been selected as a finalist. 

Each finalist and their Nominator will be notified by e-mail and will be required to execute and return an affidavit of eligibility/liability release, assignment of intellectual property rights and any other release or form as deemed necessary by Owala.  If such finalist declines in writing to accept a prize, or does not comply with all the terms of the Official Rules (such documents are not returned within the specified time period, prize or prize notification is returned as undeliverable, Owala is unable to contact a potential winner within a reasonable time period, or a potential winner is not otherwise in compliance with these Official Rules) the Nominee shall be removed from the finalist pool. If any finalists are eliminated from the finalist pool, at the Owala’s sole discretion and time permitting, Owala may select additional finalists.   

The Judging Committee shall select two Winning Nominees from the remaining finalists. All Nominators and Nominees do hereby agree and acknowledge that all decisions regarding selection of the Winning Nominees are final and shall be in the Judging Committee’s sole discretion. 

 It is anticipated that the giveaway will conclude on 5/12/21.   

 

Prizes 

Nominee Prize (2): Two Grand Prizes shall be awarded to the Winning Nominees selected by the Judging Committee. The Grand Prize shall consist of: 1) $100 gift card to Figs (www.wearfigs.com; 2) $129 Clove gift card (www.goclove.com); 3) 5 Owala bottles selected by the Owala team (estimated $125 value). Owala reserves the right to modify this prize by substituting alternative awards with an estimated value equal or greater than the prize listed in the Official Rules.  Substitutions shall be made at Owala’s sole discretion and may be made at any time, with or without notice. 

Nominator Prize (2): The Nominator on the Entry form for a Winning Nominee (a Nominee who received a Grand Prize), who has not already been awarded a Grand Prize or previous Nominator Prize, shall be eligible to be awarded a Nominator Prize.  Each Nominator Prize shall consist of Owala bottles selected by the Owala team (estimated value of $50)Owala reserves the right to modify this prize by substituting alternative awards with an estimated value equal or greater than the prize listed in the Official Rules.  Substitutions shall be made at Owala’s sole discretion and may be made at any time, with or without notice. 

Owala has not officially partnered with Figs or Clove shoes.  

All prize winners acknowledge that he or she is ultimately responsible for all federal, state and local taxes due in relation to the prize.  Gift card prizes are subject to terms and conditions of the applicable gift card.  All prizes are awarded “as is” with no warranty, guarantee or representations, either express or implied by Owala.  No interest will be paid on any prize.  All costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the prize recipient.  Prizes are non-transferable and non-assignable, with no cash redemptions or substitutions, except at Owala’s sole discretion.  There will be no substitutions for any prize except by Owala who reserves the right to substitute a prize with one of comparable or greater value at their sole discretion.   

How to Claim Prize. After the judging phase of the Contest Period, Owala will notify the potential winner Nominee via e-mail or telephone at the e-mail address and/or telephone number provided to Owala at the time of Entry.  

Owala will attempt to notify the potential winners as set forth above, but Owala is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Contest e-mail, including any winner notification e-mail, to a spam or junk folderOther restrictions may apply. 

If any winner does not claim their prize within 30 days, any such prize may in Owala’s sole discretion, be forfeited.   

Additional Terms and Conditions:  If it is discovered that an Entrant has registered or attempted to register more than once or make more than one nomination of a Nominee during the Contest Period using multiple social accounts, e-mail addresses, telephone numbers, and/or multiple identities, Nominator’s Contest entry will be declared null and void. Owala reserves the right to disqualify any Nominator’s Entry or other material submitted or uploaded that does not meet the requirements of these Official Rules.   

Warranty.  By entering the Contest, each Entrant represents, warrants and covenants that (a) each Entry is the Entrant’s original work and does not infringe upon or otherwise violate any right of any third party, including any copyright, trademark or other intellectual property rights, (b) each Entry has not been previously published, (c) each Entry complies in all respects with the Entry Restrictions and these Official Rules, and (d) the Entrant has the right and power to enter the Contest and perform all the Contest obligations. 

Ownership/Use Rights.  SUBMISSION OF ENTRIES AND ANY COPYRIGHTED OR COPYRIGHTABLE WORK OR DESIGNS OR OTHER INTELLECTUAL PROPERTY CONTAINED THEREIN, IN THIS CONTEST CONSTITUTES ENTRANT’S IRREVOCABLE AND EXCLUSIVE ASSIGNMENT, CONVEYANCE, AND TRANSFERENCE TO OWALA OF ALL RIGHT, TITLE, AND INTEREST OF SUCH ENTRIES AND ANY OTHER INTELLECTUAL PROPERTY CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION COPYRIGHTS, and the Entrant agrees that Entrant (or any other third party) does not retain any rights to such Entries or other materials.  Entrant agrees to execute such assignment or other documents as are necessary to enforce the rights of Owala granted herein without any compensation of any kind to Entrant, his/her successors or assigns, or any other entity.  By entering the Contest, the Entrant agrees that Owala shall have the right, but not the obligation, to edit, remove, modify, publish, license, print, transmit, display or otherwise use any submitted Entry via all forms of media now known or hereafter devised worldwide, in perpetuity, without notice, attribution or compensation to Entrant, his/her successors or assigns, or any other entity, except where prohibited by law.  Entrant waives any retained rights of attribution, privacy, publicity, withdrawal, integrity or other moral or personal rights in the Entry and other related materials.  All Entries and other submitted materials become the property of Owala and will not be returned to any Entrant.  If Owala requests the Entrant’s cooperation in promoting the Contest, the Entrant agrees to reasonably be available for such promotional activities. 

Privacy. By participating in the Contest, each Entrant authorizes Owala to collect, use, process, transfer, and store all data provided by such Entrant, including without limitation personal data, in and to the United States or any location(s) throughout the world that Owala deems necessary, whether within Entrant’s country of residence or elsewhere, and with such party/parties as Owala deems appropriate, for purposes of administration of the Contest. All information submitted to Owala as part of this Contest will be treated in accordance with Owala’s privacy statement, available at https://owalalife.com/pages/privacy-policy. Personal information will be used only to: (a) provide information about the Contest; (b) contact and publicize potential winners. Entrants to the Contest may be given the option to receive commercial e-mails from Owala; however, eligibility to participate in the Contest is not dependent upon the Entrant’s consent to receive such e-mails. Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible.  

Release and Limitations on Liability.  By participating in the Contest, Entrants agree to release and hold harmless Owala and each of its respective affiliates, sales representatives, distributors, licensees, agents, advertising and Contest agencies, and all directors, trustees, officers and employees of any of the foregoing entities (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest, or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, incorrect, garbled, or incompletely received entries; (e) errors in the administration of the Contest or the processing of entries; (f) 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 acceptance, receipt, use, or misuse of any prize; or travel to any Contest-related events; and (g) any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery.  In the event that Entrant breaches any of these Official Rules, Released Parties shall be entitled to and may seek indemnification from Entrant for recovery of all legal fees, damages, costs, claims and other expenses that may be incurred by Released Parties as a result of the aforementioned breach.  Entrant further agrees to release the Released Parties and their designees and assigns from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses and damages of any kind arising out of or in connection with the Contest or acceptance, possession, or use of any prize (including, without limitation, attorneys’ fees, claims, costs, personal injuries, losses and damages related to personal injuries, death, damage to or destruction or property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.  Owala is not responsible if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. 

Miscellaneous.  The decisions of Owala are final with respect to all aspects of this Contest.  The Contest and these Official Rules will be governed, construed and interpreted under the laws of the State of Utah, without regard to choice of law principles.  Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the applicable state or federal courts situated in Utah County, Utah; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; (3) under no circumstances will Entrant or any Nominee be permitted to obtain awards for punitive, incidental, special, consequential or other damages, including without limitation, lost profits, (collectively, “Special Damages”); and (4) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.  In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problems, or any condition caused by events beyond the reasonable control of Owala that may cause the Contest to be disrupted or corrupted, Owala may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize from among the non-suspect, eligible entries received up to the time of the impairment.  Owala reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process, the operation of the Contest, to be acting in violation of these Official Rules or any applicable laws relating to the Contest, or in an unsportsmanlike or disruptive manner, and to resolve all disputes in its sole discretion.  Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Owala reserves the right to seek damages from any such person to the fullest extent permitted by law.  Owala’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 

Winners List; Official Rules.  For a list of winners and/or a copy of these Official Rules, contact Owala contest team at the address and/or e-mail address noted below.  Requests for the winner’s list will only be accepted after the end of the Contest Period. 

Sponsor.  The Contest is sponsored by Trove Brands LLC (“Owala”). Sponsor’s mailing address is 250 S. 850 E., Lehi, UT  84043. Sponsor’s e-mail address is customerservice@owalalife.com.