Unsung Rules | Sheamoisture Fund

SHEAMOISTURE’S UNSUNG BUSINESSES AWARDS OFFICIAL RULES NO PURCHASE NECESSARY

1. Contest Submission Period: SheaMoisture’s Unsung Businesses Awards (the “Contest”) begins 10:00am Eastern Time (“ET”) on April 8, 2020 and ends 11:59 ET on April 13, 2020 (the “Contest Submission Period”).

2. Eligibility: Open only to owners of Eligible Small Businesses (see definition below), who are legal residents of the 50 United States and D.C, and are 18 years of age or older as of date of Submission (defined below). Employees of Sundial Brands LLC (“Sponsor”), Conopco, Inc., d/b/a Unilever, Don Jagoda Associates, Inc., and each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (collectively “Sponsor and its Administrators”), and each of their respective employees, shareholders, directors, officers, members and agents and their immediate family members spouses, parents, children, and siblings and their spouses) and/or those living in the same household of each are not eligible to participate or win. All federal, state and local laws and regulations apply. Void where prohibited by law. All prizes will be awarded to Eligible Small Businesses and not individual Applicants. Eligible Small Business Definition: For the purposes of this Contest, an Eligible Small Business is defined as: a business that is privately-owned or non-profit, and has been operating for a minimum of three (3) years and is making less than $2million per year.

3. Phase 1 – The Contest Submission Period: Applicant must be the Eligible Small Business owner. During the Contest Submission Period, visit sheamoisturefund.com (“Site”) and follow the directions to complete the online application form in its entirety, including responding to the following questions: a. Describe your company's social impact mission and how it benefits your local community. b. Tell us what your business has done to support its community during the COVID-19 crisis. c. Briefly tell us how your company would utilize the grant to continue its social impact work. d. What obstacles has your business encountered in serving its community during the global COVID-19 crisis? e. How many people to-date (approximately) have you been able to impact with your COVID-19 relief efforts? f. What partner organizations have you worked with to achieve your mission? (collectively, the “Submission”). The person uploading the Submission will be deemed the Applicant (the “Applicant”). The Eligible Small Business named on a Submission will be deemed the business (the “Business”). Submissions must be in English. Submissions that do not meet the requirements set forth in these Official Rules will be disqualified. All Submissions must be received by 11:59pm ET on April 13, 2020.

Limit of one (1) Submission per Business. Submissions received from anyone who is not the owner of the Business indicated on Submission will be disqualified. Submissions received in excess of the limitation will be void and disqualify that Submission. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet access and usage charges imposed by your online service may apply. If applying for a prize via mobile device, normal phone/data and usage charges imposed by your phone service may apply.
Each Applicant grants to Sponsor a worldwide, royalty-free, perpetual and non-exclusive right and license to use, copy, distribute, reproduce, modify, adapt, edit, translate, publicly perform and publicly display and create derivative works from and display each submitted Submission, in any media, and with right to use, copy, modify, edit, and create derivative works there from, and agrees to waive any and all moral rights that the Applicant may have in the Submission with respect to the uses contemplated herein, and to execute documents confirming such right and license at Sponsor’s reasonable request. No information regarding Submissions, other than as otherwise set forth in these Official Rules, will be disclosed.
By participating, you understand that your Submission (or portion thereof) may be posted online, in Sponsor’s sole discretion.

4. Contest Submission Guidelines: All Submissions must, in the sole discretion of Sponsor, adhere to the following Contest Submission Guidelines and these Official Rules of the Contest. Any Submission that does not, in the sole discretion of Sponsor, adhere to these Contest Submission Guidelines or the requirements set forth in these Official Rules is subject to disqualification from the Contest:

Submission may not contain, as determined by Sponsor, in its sole discretion:
- Content that includes phrases, trademarked material (other than Business name and other marks owned by Business) or other third-party materials.
- The names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; or look-alikes of celebrities or other public or private figures, living or dead;
- Content that promotes any illegal activity; promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; is obscene or offensive; endorses any form of hate or hate group;
- Personal identification, such as license plate numbers, e-mail addresses or street addresses or other identifying information of any person or entity other than you and the Business.
- Material that is inappropriate, indecent, sexually explicit or suggestive; unnecessarily violent, profane, obscene, hateful, tortuous, derogatory of any ethnic, racial, gender, religious, professional or age group, (including using words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group).
- Content which violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, and false advertising).
- Content that promotes violence or engages in, encourages, advocates, discusses with the intent to commit, or provides instructions for conduct that would constitute a criminal or civil offense or would otherwise violate any federal, state, local or international law or rule.
- Material or content for which you were compensated or granted any consideration by any other third party.
- Material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body.
- Content that disparages, slanders or libel persons or organizations associated with Sponsor or any other brands, companies, or individuals.
- Content or materials in which you impersonate another person or entity.
Submission may not have been submitted previously in a Contest or competition of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends, business colleagues and family) through any means.
Submission must be consistent with Sponsor's image
Submission may not contain information known by you to be false, inaccurate or misleading.
Submission must be your own original, unpublished work and should not contain, incorporate or reference any content that is owned by any third party or entity, would require the consent of any third party or entity in any jurisdiction, or which infringes any third party’s copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights.

5. Judging to Determine the Finalists and Finalist Notification: At the conclusion of the Contest Submission Period, all eligible Submissions will be judged by a Sponsor-specified panel of judges to determine up to fifteen (15) finalists based on the following judging criteria: Business’ Impact on Community During Coronavirus Pandemic:

(35%); Perceived Effectiveness of Business' Social Impact
(35%); and Impact of Coronavirus Pandemic on Company’s Service to the Community
(30%). In the event of a tie, the tie will be broken based on the Submission that received the highest score for Perceived Effectiveness of Business' Social Impact.

Decisions of Sponsor/judges are final with respect to all matters relating to the Contest. No information regarding judging, other than as otherwise set forth in these Official Rules, will be disclosed. Applicants whose businesses are determined to be finalists will be notified via email and will be required to sign and return via email/email link, a Declaration of Eligibility, liability/publicity release (except where prohibited by law) and assignment of rights (“Declaration Package”) within twenty-four (24) hours of notification attempt or potential finalist may be disqualified and an alternate potential finalist may be determined from the next highest scoring Submission (as outlined above). Return of Declaration Package as undeliverable, if any portion of the Declaration Package is not received within the required time period or if a potential finalist/Business is deemed ineligible, said potential finalist/Business will be disqualified and an alternate will be determined (as outlined above).

6. Phase 2 – Voting Period and Grand Prize Winner Notification: Once up to fifteen (15) finalists have been verified and confirmed, their Submissions will be posted on sheamoisturefund.com . The public will then have the opportunity to vote for their favorite finalist during the Voting Period (beginning at 10:00AM on April 20, 2020 and ending at 11:59pm on April 22, 2020). You may vote by clicking on the finalist in which you wish to vote for on the Site (“Vote”). Voters must be legal residents of the United States, 18 years of age or older (“Voters”). At the conclusion of the Voting Period, the ten (10) finalists who receive the most valid Votes will be determined Grand Prize winners, subject to verification of Votes. In the event of a tie when determining the Grand Prize winners, the Sponsor will judge tied Finalists based solely on the Judging Criteria to determine the Grand Prize winner. NOTE: Votes generated by any calling software or any other automated means or votes by any means that subvert the voting process or do not conform to the spirit of these Official Rules will void the votes and may disqualify the Voter/Applicant. By participating, Applicants/Voters agree to these Official Rules and the decisions of the Sponsor/Judges, which shall be final and binding in all respects. Finalists whose Businesses are determined to be Grand Prize winners will be notified via email and will be required to sign and return via email/email link, a Grand Prize acceptance form (“Acceptance Form”) within twenty-four (24) hours of notification attempt or potential Grand Prize winner may be disqualified and an alternate potential Grand Prize winner may be determined from the next highest scoring finalist (as outlined above). Return of Acceptance Form as undeliverable, if any portion of the Acceptance Form is not received within the required time period or if a potential Grand Prize winner/Business is deemed ineligible, said potential Grand Prize winner/Business will be disqualified and an alternate will be determined (as outlined above).

7. Grand Prize [ten (10) total]: A $10,000 check made payable to the winning Business. Grand Prizes will be awarded to Businesses listed in winning Applicants’ Submissions. All federal, state and local taxes are the sole responsibility of Businesses that receive a prize. By accepting a prize, Business/Applicant agrees: (i) that their Business is responsible for all federal, state, and local income tax liability on the prize received and all other obligations and expenses that are associated with receipt and use of the prize regardless of the value; and (ii) to release and hold harmless Sponsor and affiliates from and against any and all disputes, claims, or causes 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 or use or misuse of any prize. A 1099 tax statement will be filed with the IRS for the value of the prize for each Business that receives a prize. All Businesses that receive a prize will receive a 1099 form in the mail, to be processed in the year in which their Business receives the prize. Limit one (1) prize per Business. Sponsor does not make, nor is Sponsor in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize including but not limited to the quality, fitness for a particular purpose, or condition. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor.

8. General Rules: As a condition of Submission into the Contest, all Applicants and subsequent corresponding Businesses agree to release and hold harmless Sponsor and its Administrators, each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Contest (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting a Submission or otherwise participating in any aspect of the Contest, the receipt, ownership or use of prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Businesses assume all liability for any injury or damage caused, or claimed to be caused by participation in the Contest or use or redemption of the prizes. Acceptance of prize constitutes permission to use Applicants’/Businesses’ names, likenesses and Submissions for promotional purposes, without further compensation, except where prohibited by law. By submitting a Submission, Applicant accepts and agrees to be bound by these Official Rules. Submissions will be declared to be made by the authorized account holder of the e-mail address submitted at the time of Submission. "Authorized account holder" of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet Access provider, Online Service provider, or other organization (e.g., business, educational institution etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Submission process or the operation of the Contest; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any person or Business. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to participate, or by any human error which may occur in the processing of the Submissions in the Contest. Submissions generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Contest or online voting if it cannot be completed as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. In such event, Sponsor will determine the finalists from among eligible Submissions received prior to cancellation according to the Judging Criteria outlined above or if online voting is cancelled, Sponsor will determine the Applicants/Businesses that will receive prizes according to the Judging Criteria outlined above (and not online voting). Sponsor reserves the right to award fewer than the stated number of available prizes in the event an insufficient number of eligible Submissions are received. As a condition of participating in the Contest, Applicant/Business agrees that: 1) under no circumstance will Applicant be permitted to obtain awards for, and Applicant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with the Contest, or prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event will Applicant be entitled to receive attorneys’ fees or other legal costs.

9. DISPUTES: Applicants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded to the Business shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the State of New York; Applicants submit to sole and exclusive personal jurisdiction to said courts in the State of New York for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) 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 (c) under no circumstances will Applicants be permitted to obtain awards for and Applicants 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. APPLICANT HEREBY AGREES THAT APPLICANT WILL NOT BRING A CLASS ACTION OR PARTICIPATE IN A CLASS ACTION AGAINST SPONSOR WITH RESPECT TO A CONTEST. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Applicants in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of New York, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

10. Privacy: Any personal information that an Applicant provides to Sponsor may be shared with Administrator and used by Sponsor to administer this Contest and for the other purposes set forth in the privacy policy located at By participating in this Contest, Applicant agrees to and accepts that privacy policy.

11. Winners: For a list of the names of Businesses that have received a prize, available after May 28, 2020, send a stamped, self-addressed envelope, to: SheaMoisture’s Unsung Businesses Contest Winners, 100 Marcus Drive (Dept. SD), Melville, NY 11747.

12. Sponsor/Administrator: The Sponsor of the Contest is Sundial Brands LLC, 11 Ranick Drive South, Amityville, NY 11701. The Administrator of the Contest is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.