OFFICIAL GIVEAWAY RULES FOR THE ART OF THE COZY

THESE OFFICIAL RULES ARE APPLICABLE TO THE ART OF THE COZY GIVEAWAY (THE “GIVEAWAY”) ADMINISTERED BY JENNY BIRD HOLDINGS INC. (COLLECTIVELY, THE “SPONSOR”).

NO PURCHASE IS NECESSARY IN ORDER TO PARTICIPATE IN ANY GIVEAWAY. PURCHASE WILL NOT IMPROVE CHANCE OF WINNING.

IF ANY OF THESE OFFICIAL RULES ARE PROHIBITED IN WHOLE OR PART BY APPLICABLE LAW, THEY SHALL BE DEEMED DELETED OR AMENDED ACCORDINGLY. THESE OFFICIAL RULES ARE SUBJECT TO CHANGE BY THE SPONSOR, WITHOUT NOTICE, IN ORDER TO COMPLY WITH ANY APPLICABLE LAWS. ENTRANTS ARE ADVISED TO REVIEW THESE OFFICIAL RULES REGULARLY IN ORDER TO MAKE THEMSELVES AWARE OF ANY CHANGES.

1. Agreement Giveaway Period. The Giveaway begins at 11:59 p.m. Pacific Time on Sunday, February 21, 2021 and ends at 11:59 p.m. Pacific Time on Monday, March 8, 2021. Entries to the Giveaway must be received by the Sponsor within the Giveaway Period. Any entries received outside the Giveaway Period will automatically be excluded from the Giveaway.

2. Agreement to Official Rules. Entrants agree to be bound by these Official Rules and to abide by and be bound by all decisions of the Sponsor, which shall be final and binding, in all matters relating to this Giveaway and the awarding of the prizes, including without limitation eligibility and/or disqualification of entries.

3. Eligibility

(a) The Giveaway is open to legal residents of the United States and Canada (excluding the province of Quebec) (collectively, the “Jurisdictions”) who are 18 years old or above and/or have reached the age of majority in the appropriate Jurisdiction, as of the date of entry, and who have and provide a valid e-mail address.

(b) Employees, agents and contractors of the Sponsor, its affiliates, distributors, sales representatives, partners (including but not limited to JENNY BIRD Holdings Inc, Halfdays Apparel Corp, and Therma Kōta suppliers, advertising and promotion agencies (collectively, the “Promotion Entities”), members of the immediate families (defined as parents, siblings, children and spouses, regardless of where they live) and households (whether or not related) of such employees of Promotion Entities, are excluded from eligibility.

(d) The Giveaway is subject to all applicable federate, provincial, state, municipal, territorial and local laws and regulations and is void where prohibited.

(e) Winning a prize is contingent upon fulfilling all requirements set forth herein.

(f) The Sponsor may require proof of identity and/or eligibility to participate in the Giveaway from any entrant and may disqualify any entrant who: (i) fails to provide the required proof; (ii) the Sponsor believes has provided untrue, incomplete, misleading or inaccurate information; (iii) tampers or attempts to tamper with the entry process, the operation of the Giveaway, the Giveaway website https://jenny-bird.ca/pages/art-of-cozy-giveaway and/or www.jenny-bird.ca; (iv) violates these Official Rules; or (v) does or intends to annoy, abuse, threaten or harass any other person.

4. How to Enter

(a) Online. During the Giveaway Period, access the giveaway website at https://jenny-bird.ca/pages/art-of-cozy-giveaway (the “Giveaway Website”), read these Official Rules, and follow the instructions to enter, complete and submit a Giveaway entry form (a valid email is address will be required).

5. Entries

(a) Entries will be disqualified if they are submitted late, illegible, incomplete, damaged, irregular, mutilated, forged, completed by third parties or in bulk, photocopies and not originals, garbled or mechanically or electronically reproduced.

(b) The Sponsor does not accept: (i) any responsibility for entries which are lost, mislaid, damaged, or delayed in transit; or (ii) proof of sending/submission as proof of entry.

(c) No communication or correspondence will be exchanged with entrants except with those selected as a potential Giveaway winner.

(d) Entries received online shall be deemed to be submitted by the authorized account holder of the Instagram account associated with the entry, as applicable. For the purposes of these Official Rules, “authorized account holder” of such account(s) means the natural person who is assigned to such account(s) by an Internet access provider, on-line service provider, or any social media platform entity(ies) listed, or other organization responsible for assigning such accounts for the domain or account associated with the submitted account(s). Each selected entrant may be required to provide the Sponsor with proof that the selected entrant is the authorized account holder of the account(s) associated with the winning entry.

6. Prizes

(a) There are seven (7) prizes (the “Prizes”) available to be won consisting of of a Toni Link Necklace, Toni Bangle Bracelet, and U-Link Earrings from JENNY BIRD, One Hygee quilted shearling tote bag - mini, gingersnap from Therma Kota, 3-Step System and one Gentle Foam Cleanser from BalmLabs, $200 Gift Card from Halfdays. The approximate retail value of the Prize is $1,004 USD.

(b) The Prize must be accepted as awarded and may not be substituted, transferred or redeemed for cash or otherwise. The Sponsor reserves the right, at its sole discretion, to substitute a prize of greater or equivalent monetary value if the Prize, or part thereof, cannot be awarded as described for any reason.

7. How to Win

(a) On or around Wednesday March 10, 2020, a random draw will be conducted from among all eligible entries received during the Giveaway Period for the purpose of selecting the Prize winners. The odds of being selected as the winner of a Prize depend on the number of eligible entries received during the Giveaway Period.

(b) The Sponsor will contact each winner as soon as practicable after the date set out in paragraph 7.1 of these Official Rules, using the contact details provided by the entrant.

8. Prize Claim Conditions

(a) In order to be declared a winner, the selected entrant must:

i. respond to notification of selection (and provide the Sponsor with proof of the selected entrant’s identity) within fourteen (14) days of first attempt by the Sponsor;

ii. correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail

iii. provide any additional information requested by the Sponsor, including but not limited to information required to complete any applicable forms for tax reporting purposes or as required by applicable law;

iv. claim his/her Prize within ten (10) days of the date referred to in paragraph 7.1; and

v. otherwise comply with these Official Rules.

(b) The Prize may not be claimed by any third party on behalf of a selected winner.

(c) The Sponsor reserves the right to select alternative winners if any selected winner fails to comply with this paragraph 8 or any other aspect of these Official Rules or fails to claim the Prize.

(d) The Sponsor will send the surname and country of residence of Prize winners and, if applicable, their winning entry, to anyone who contacts the Sponsor requesting details of the winners of the Giveaway within one month of the end of the Giveaway Period. If an entrant objects to his/her details being provided in accordance with this paragraph, he/she should notify the Sponsor by sending an email to customercare@jenny-bird.com. In such circumstances, the Sponsor may still be required to provide details of the winners to any regulatory authority.

(e) Should a winner make any false statement(s) in any document referenced above, the winner may be required to promptly return to the Sponsor his/her Prize, or the cash value thereof.

(f) In the event of a dispute as to the identity of the person who submitted any entry, the authorized account holder of the Instagram account used for entry will be deemed to be the entrant.

9. Right to Void / Terminate / Suspend / Modify. The Sponsor reserves the right to terminate, suspend or modify this Giveaway, in whole or in part, at any time if, in the Sponsor’s reasonable discretion, any factor or event outside the Sponsor’s reasonable control arises that is reasonably likely to interfere with the proper conduct, administration, security or impartiality of the Giveaway as contemplated by these Official Rules.

10. Release. Prior to receiving the prize, each potential winner may be required to show valid proof eligibility and to sign a declaration of eligibility and release form releasing the Sponsor, Promotion Entities and their respective related parties from any and all liability in connection with the Giveaway and/or the Prize, confirming compliance with the Giveaway rules and consenting to the use of his or her name and photograph in any and all forms of media, without further compensation, in any publicity carried out by the Sponsor, and their respective advertising and promotional agencies. The signed form must be received by the Sponsor within 48 hours of notification or the Prize may be forfeited and awarded to an alternate entrant. Each winner may be required to sign additional releases upon request by Sponsor.

11. Limitation of Liability. The Sponsor, Promotion Entities, and their respective related parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by any entrant, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process or the Giveaway; (iv) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (v) 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 Giveaway or receipt or use or misuse of any prize. If for any reason an entrant's Giveaway entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Giveaway entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible Prize claims.

12. Indemnity. By entering the Giveaway and to the extent permitted by applicable law, each entrant releases and holds the Sponsor, the Promotion Entities and if applicable, Facebook, Twitter, Pinterest and/or Instagram, and each of their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, administrators, licensees, representatives, advertising, media buying and promotional agencies harmless from any and all liability for any loss or damage of any kind to the entrants or any other person, including but not limited to, infringement of intellectual property rights or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Giveaway, any breach of these rules, or in any Prize-related activity.

13. Protection of Personal Information.

(a) By participating in the Giveaway, each entrant (unless prohibited by law or the entrant has indicated that he/she does not wish his/her Personal Information to be used for these purposes when he/she enters the competition):

i. Grants to the Sponsor the right to use his/her personal information provided when he/she enters the Contest (collectively, the “Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the winners and coordinating the provision of the Contest Prizes;

ii. grants to the Sponsor the right to use his/her Personal Information for publicity and promotional purposes relating to the Giveaway in any and all media without further compensation; and

iii. acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (a) and/or (b) above.

(b) The Sponsor will use each entrant’s Personal Information only for the identified purposes set out above and in its Privacy Policy at: https://jenny-bird.ca/pages/privacy-policy and will protect each entrant’s Personal Information in a manner that is consistent with all applicable data protection laws and the Privacy Policy at: https://jenny-bird.ca/pages/privacy-policy

14. Intellectual Property. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations relating to the Giveaway are owned by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property of the Sponsor and/or any of its affiliates without the express written consent of its owner is strictly prohibited.

15. General Conditions

(a) By participating in the Giveaway, each entrant agrees that neither the Sponsor nor any of the Promotion Entities have made any warranty, representation or guarantee in relation to the Prize, save to the extent expressly stated and specifically exclude all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, to the extent capable of being excluded by applicable law.

(b) The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

(c) The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

16. Interpretation. In the event of any discrepancy or inconsistency between the provisions of these Official Rules and disclosures or other statements contained in any Giveaway related materials, including but not limited to the giveaway particulars posted on the Giveaway Website, the Giveaway entry form, radio, television, print, outdoor and online advertising, the provisions of these Official Rules shall prevail and govern. The headings of the sections of these Official Rules are for convenience of reference only and shall not affect the interpretation of these Official Rules.

17. Social Media. This Giveaway is in no way sponsored, endorsed or administered by any social media platforms on which the Giveaway may have been promoted and/or publicized, including but not limited to Facebook, Twitter, Pinterest or Instagram. Any personal information provided in connection with the Giveaway is being provided to the Sponsor and not to any such social media platform(s). Any questions or comments regarding the Giveaway must be directed to the Sponsor and not to any of the social media platforms on which the Giveaway may have been advertised or administered.

18. Governing Law and Jurisdiction. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts sitting in the City of Toronto, in the Province of Ontario, Canada; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada, without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario or the laws of Canada.

GIVEAWAY PARTICULARS

Details of the GiveawayWebsite: https://jenny-bird.ca/pages/art-of-cozy-giveaway

The Giveaway Period:
The giveaway period running from 11:59 p.m. Pacific Time on Sunday February 21st, 2021, and ending at 11:59 p.m. Pacific Time on Monday March 8th, 2021

Details of how to enter the Giveaway:
To enter the Giveaway, an entrant must: go to https://jenny-bird.ca/pages/art-of-cozy-giveaway

Limit: one (1) entry per person during the Giveaway Period.

Details of the number, nature and value of the Prizes:
There are seven (7) prizes (the “Prize”) available to be won, consisting of a Toni Link Necklace, Toni Bangle Bracelet, and U-Link Earrings from JENNY BIRD, One Hygee quilted shearling tote bag - mini, gingersnap from Therma Kōta, one 3-Step System and one Gentle Foam Cleanser from BalmLabs Inc., one $200 Gift Card from Halfdays Apparel Corp. The approximate retail value of the Prize is $1,004 USD.

Date of the selection of Giveaway winner:
On or around Wednesday March 10, 2021, a random draw will be conducted from among all eligible entries received during the Giveaway Period for the purpose of selecting a Prize winner. The odds of being selected depend on the number of eligible entries received during the Giveaway Period. Entrants must correctly answer, unaided, a mathematical skill-testing question to be declared a winner.

Jurisdictions:
The United States and The provinces of Canada (Excluding Quebec).

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