Official Rules

 

OPEN ONLY TO INDEPENDENT AND SMALL-CHAIN RETAIL STORES LOCATED IN, AND WITH A HEADQUARTERS LOCATION IN, ONE OF THE FIFTY UNITED STATES OR D.C. THAT (I) HAVE PREORDERED SPONSOR’S “MYCELIUM IS MAGIC” CAMPAIGN PRODUCT PACKAGE PRIOR TO SEPTEMBER 1, 2024, AND (II) RECEIVED DIRECTLY FROM SPONSOR OR SPONSOR’S AUTHORIZED SALES REPRESENTATIVE, PRIOR TO THE COMMENCEMENT OF THE ENTRY PERIOD, AN INVITATION TO ENTER THE CONTEST. U.S. LAW GOVERNS THIS CONTEST. VOID WHERE PROHIBITED BY LAW.

 

1. ELIGIBILITY: The Fungi Perfecti, LLC “Mycelium is Magic” Contest (the “Contest”) is open only to independent and/or small-chain retail stores located in, and that have a main headquarters location in, one of the fifty (50) United States of America or the District of Columbia, that (i) prior to September 1, 2024, have preordered Sponsor’s “Mycelium is Magic” campaign product package (the “Product Package”), and (ii) received directly from Sponsor or Sponsor’s authorized sales representative, prior to the commencement of the Entry Period (as defined below), an invitation to enter the Contest. Each retail store location (including stores that are part of a branded chain) must enter separately. Each entrant must designate a single person who will serve as the entrant’s sole representative for communications and all other purposes in connection with the Contest (the “Entrant Representative”).  Each Entrant Representative must (i) be eighteen (18) years of age or older at the time of entry, (ii) be a legal resident of one of the fifty (50) United States of America or the District of Columbia, and (iii) have the ability to bind the applicable entrant to all agreements, consents, representations and warranties made in these Contest Rules or otherwise made by the Entrant Representative in connection with the Contest. Each Entrant Representative must not be a person who at any time during the Entry Period (and, if the associated entrant is a winner, as of the date of prize fulfillment) is or was an employee of Fungi Perfecti, LLC (“Sponsor”) or any of Sponsor’s parent companies, subsidiaries, affiliates or advertising or promotion agencies or any other entity involved in the marketing or promotion of the Contest, or a member of the immediate family or household (whether or not related) of any such employee. Eligibility determinations, and all determinations regarding the identity of each entrant, will be made by Sponsor in its discretion and will be final and binding. U.S. law governs this Contest. Void where prohibited by law.
2. HOW TO ENTER: The entry period for the Contest begins at 9:00 a.m. Eastern Time (ET) on October 1, 2024, and continues through 11:59 p.m. ET on December 31, 2024 (the “Entry Period”). Prior to entering the Contest, entrants must have pre-ordered the Product Package from Sponsor prior to September 1, 2024 and received an invitation to enter the Contest directly from Sponsor. To enter the Contest, eligible entrants must (i) customize the floor display and/or endcaps provided by Sponsor in connection with the Product Package (“Customized Displays”) prior to the commencement of the Entry Period, (ii) during the entirety of the Entry Period, use the Customized Displays to market and sell Sponsor’s Product Package products to entrant’s customers, and (iii) prior to the expiration of the Entry Period, visit the Contest website, located at http://tinyurl.com/MyceliumIsMagicContest (the “Website”) and follow the on-screen entry instructions.  Each entrant will be required to (i) submit one or more photographs of entrant’s Customized Display on location in store, and (ii) fill out an online entry form (which will require the entrant to submit information about the entrant and Entrant Representative, including without limitation the name and location of the entrant, and the Entrant Representative’s email address, phone number, mailing address and such other information as Sponsor may require).   Any photographs that are submitted for purposes of Contest entry, together with the Customized Displays depicted therein, are referred to in these Official Rules as a “Submission.” Each Submission must comply with the Submission Guidelines set forth in Section 3. Submitting a Submission and completing the online entry form during the Entry Period constitutes acknowledgement of and consent to these Official Rules. Limit one entry per entrant (for the sake of clarity, multiple eligible store locations operating as part of the same retail chain may enter as separate entrants but may not enter jointly as a single entrant). Each Submission must be original and unique and may be submitted only once. If a particular Submission is submitted more than once, Sponsor will have the right to disqualify all entrants who submitted the duplicative Submission, to accept only the first submission of the Submission or to take such other action as Sponsor deems appropriate in its discretion. All entries must be completed and received by Sponsor prior to the conclusion of the Entry Period. Entry times will be determined by Sponsor in its discretion. Normal time rates and data charges, if any, charged by the entrant’s Internet or mobile service provider will apply. All entries are subject to verification at any time. Proof of submission does not constitute proof of entry. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification.
3. SUBMISSION GUIDELINES: Each Submission must comply with the following guidelines: (a) the Submission must be original and have been created solely by the entrant; (b) the entrant must own the copyright in the Submission; (c) the Submission must not previously have been published (other than via entrant’s own social media channels) or won any award; (d) the Submission must be truthful and accurate; (e) the Submission shall not identify, depict, contain or otherwise use the Personality Rights (as defined in Section 7) of any person unless entrant has obtained all permissions, licenses and consents with respect to each such person that are necessary for Licensees (as defined in Section 7) to exercise the rights granted in Section 7; (f) the Submission must not contain any material that violates or infringes upon the rights of any third party, including without limitation any copyright, trademark or right of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable law or regulation, or the use of which by the Licensees as permitted pursuant to these Official Rules would require a license or permission from or payment to any third party; (g) the Submission must not exhibit the entrant engaging in or otherwise promote any illegal, sexually explicit, violent or dangerous behavior; (h) the Submission must not contain any material that is disparaging, defamatory, threatening, indecent, violent, obscene or offensive, or that promotes a political agenda, violence, bigotry or discrimination; and (i) the Submission must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing and/or display. By submitting a Submission, each Entrant Representative, on behalf of themselves and on behalf of the entrant, represents and warrants that the entrant has complied with all of the foregoing requirements and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and to the use by the Licensees of the Submission as permitted pursuant to these Official Rules and to verify compliance with the foregoing requirements. Each entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents and, if requested by Sponsor, to obtain additional permissions, licenses and consents from the applicable parties in a form specified by Sponsor. Sponsor reserves the right in its sole discretion to disqualify any Submission that Sponsor determines does not comply with these guidelines or to require the entrant to make such changes to any Submission as are necessary to make it compliant.
4. SELECTION OF WINNERS:

Regions. Upon entry, all entrants will be sorted into one of two categories: the “East Region” and the “West Region” (each a “Region”), based on the entrant’s location in accordance with the following table:

Selection of Finalists. Following the conclusion of the Entry Period, Sponsor will select from among all entrants that validly entered the Contest the top ten (10) entrants from each Region (twenty (20) total) that had the greatest increase in sales of Product Package products during the Entry Period when compared against the same calendar period in 2023, as calculated by Sponsor based on the quantity of Product Package ordered by the entrant from Sponsor during the relevant period (collectively, “Finalists”). For each entrant, only product sales attributed to that entrant’s store location will be counted.  For the avoidance of doubt, multiple retail stores operating under the same branded chain name cannot pool product sales into a single entry. For the purpose of calculating sales growth, (i) any products that were not available in 2023 will be deemed to have had zero 2023 sales, and (ii) any entrants that are new retailers of Sponsor’s products and did not sell Sponsor’s Product Package products in 2023 will be deemed to have had zero 2023 sales of such products. The calculation of each entrant’s product sales growth will be determined by Sponsor based on Sponsor’s records, and Sponsor’s determinations regarding sales growth will be final and binding.

Selection of Winners. Judges designated by Sponsor (the “Judges”) will review all Finalists’ Submissions and select from each Region one (1) potential grand prize winner and one (1) potential second prize winner (for a total of two (2) potential grand prize winners and two  (2) potential second prize winners). The Judges will select the potential winners by judging the Submissions based on the following criteria, weighted equally: (a) creativity in merchandising, (b) use of the featured Product Package products, and (c) incorporation of the entrant’s unique elements in the Customized Displays. The odds of winning will depend on the number and quality of Submissions validly entered into the Contest in each Region during the Entry Period.

5. WINNER NOTIFICATION AND VERIFICATION: The potential winners will be notified following conclusion of the Entry Period via email at the email address provided with their entry, and must respond to the initial notification attempt within 10 business days. Each potential winner and/or winner’s Entrant Representative is subject to verification of eligibility and may, in Sponsor’s discretion, be required to submit proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification. Each Entrant Representative, on behalf of entrant, represents that the Entrant Representative will provide accurate and truthful information to Sponsor in connection with eligibility verification. Sponsor will have the right to require that the potential winners each complete and return to Sponsor an Affidavit of Eligibility/Release of Liability and, if legally permissible, a Publicity Release, and any other documentation provided by Sponsor in connection with verification of the potential winner’s eligibility and confirmation of the releases and grant of rights set forth in these Official Rules (as applicable, “Winner Verification Documents”) within seven days after attempted delivery of the document to the potential winner. The potential winner may also in Sponsor’s discretion be required to complete and return to Sponsor an IRS Form W-9 within ten business days of attempted delivery of same. If any attempted notification or prize delivery is returned as undeliverable, or if a potential winner does not respond to Sponsor’s initial notification attempt within 10 business days, or if a potential winner does not complete, sign, and return any required Winner Verification Documents within 10 days after attempted delivery of the document to the potential winner, or if a potential winner does not satisfy the eligibility requirements set forth in Section 1 or is not compliant with these Official Rules, Sponsor will have the right in its discretion to disqualify the potential winner and select an alternate winner. 
6. PRIZE: Two (2) grand prizes and two (2) second prizes will be offered. Each grand prize consists of (a) up to five (5) gift packs (each, a “Gift Pack”), each consisting of a “Host Defense”-branded JBL portable speaker and custom assortment of Host Defense supplements (the actual number of Gift Packs awarded will be limited to the lesser of five or the actual number of personnel in winner’s vitamin department) and (b) the winner’s choice of two items from among the following: an electric utility bike and an inflatable paddle board, subject to change based on availability.  The winner may choose to receive two of the utility bikes, or two paddleboards, or one utility bike and one paddle board.  The approximate retail value (“ARV”) of each grand prize is up to $5000, depending on which prizes the winner selects and the number of vitamin department personnel employed by winner. Each second prize consists of up to five (5) Gift Packs (the actual number of Gift Packs awarded will be limited to the lesser of five or the actual number of personnel in winner’s vitamin department). The ARV of each second prize is up to $1000, depending on the number of Gift Packs awarded. The aggregate ARV of all prizes is up to $12,000, depending on the prizes selected and the number of vitamin department personnel employed by each winner. With respect to each Gift Pack award, if the winner has fewer than five vitamin department personnel, then fewer than five gift packs will be awarded, and if the winner has more than five vitamin department personnel, then five gift packs will be awarded. Each prize will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive any prize or any prize component is permitted, except in the discretion of Sponsor, which have the right to substitute any prize or any prize component with a prize or prize component of equal or greater monetary value selected by Sponsor in its discretion.  Each prize consists only of the items expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of any prize or any prize component are the responsibility of the winner. Each prize is awarded “as is” and without any warranty, except as required by law. In no event will more than the number of prizes stated in these Official Rules be awarded. All federal, state and local taxes on the value of the prize are the responsibility of the winner. An IRS form 1099 will be issued if required by law.
7. GRANT OF RIGHTS: By submitting a Submission, each entrant (and each Entrant Representative, on behalf of the entrant), irrevocably grants to Sponsor and Sponsor’s parent companies, subsidiaries and affiliates, and the agents and licensees of each of the foregoing and each of their respective successors and (collectively, the “Licensees”) the non-exclusive right and license to publish, display, reproduce, modify, edit, create derivative works based on and otherwise use the Submission, in whole or part, including without limitation the name, image, likeness, and biographical information (“Personality Rights”) of any individuals depicted in such Submission, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law.  In addition, by submitting a Submission, each Entrant Representative, on behalf of entrant, irrevocably grants to Licensees the non-exclusive right and license to use the entrant’s name, trademarks and logos in perpetuity, throughout the world, in all media and formats whether now or later known or developed (including without limitation via Sponsor’s and third-party websites and social media and digital channels), for commercial purposes and any other purposes (including, without limitation, advertising and promotion), without further notice or compensation, unless prohibited by law. 
8. RELEASE AND LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, each entrant (and each Entrant Representative, on behalf of the entrant), releases and agrees to hold harmless each of the Licensees and all other companies involved in the development, operation or marketing of the Contest or the provision of any prize or any component of any prize, and the successors and assigns of each of the foregoing, and the directors, officers, employees and agents of each of the foregoing (the “Released Parties”) from and against any and all claims, causes of action and liabilities of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Contest, participation in the Contest, the use of the Website, the acceptance, receipt, participation in or use of any prize or any component thereof, the entrant’s Personality Rights or the entrant’s Submission, including without limitation any and all claims, causes of action and liabilities (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person or (b) based upon any allegation of violation of the right of privacy or publicity, copyright infringement, misappropriation, defamation or violation of any other personal or proprietary right. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Contest, the use of any Contest-related website or mobile app, or the provision, acceptance or use of any prize or prize component. The Released Parties are not responsible for, and will have not have any liability in connection with, (v) any typographical, printing, production, distribution or other error in the administration of the Contest or in the announcement of prizes or winners, (w) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to the operation of the Website, communications or attempted communications with any entrant, the submission, collection, storage or processing of entries or the administration of the Contest, (x) any “act of god” or other force majeure event outside of Sponsor’s control that may cause any postponement or cancellation of any prize-related activity or interfere with, delay or prevent the provision of any prize, (y) undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail or (z) any damage to any computer system resulting from participation in or accessing or downloading information in connection with the Contest.
9. GENERAL RULES: Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Contest at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond the control of Sponsor corrupts the administration, integrity, security or proper operation of the Contest or if for any other reason Sponsor is not able to conduct the Contest as planned (including without limitation in the event the Contest is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order) or in the event of any change to the terms governing the use of the Website or the application or interpretation of such terms. In the event of termination of the Contest, a notice will be posted on the Website and a random drawing will be conducted to award the prize from among all eligible entries received prior to the time of termination. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Contest any person or entity who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Website, or the Contest by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor has the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the registered user of the e-mail account provided in connection with the entry. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in this Contest, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
10. DISPUTES: By entering the Contest, each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or connected with the Contest or the provision, acceptance and/or use of any prize or prize component will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to entrants who live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and (d) each entrant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Contest will be an action at law for the recovery of monetary damages only, and in no event will the entrant have the right to enjoin or otherwise interfere with the exercise by the Licensees of any of the rights granted in these Official Rules or terminate or rescind any of the rights granted in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the entrants and Sponsor in connection with the 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 or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in New York County in the State of New York, waiving any right to trial by jury, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing. In the event of any conflict between these Official Rules and any Contest information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
11. USE OF INFORMATION: By participating in the Contest, each Entrant Representative, on behalf of the entrant, agrees that information submitted via the Website in connection with the Contest will be subject to Sponsor’s Privacy Policy available at  https://privacy.fungi.com/ (the “Privacy Policy”) and may be used as permitted pursuant to the Privacy Policy, and may also be used as determined by Sponsor in connection with the administration of the Contest (including winner notification and provision of winners’ names when requested).
12. WINNERS’ NAMES AND RULES REQUESTS: For the names of the winners, available after February 1st, 2025, or a copy of these Official Rules, send a self-addressed, stamped envelope to: 

Fungi Perfecti, LLC

Attn: Marketing, Mycelium is Magic Campaign

PO Box 7634

Olympia, WA 98507

 

13.  SPONSOR: Fungi Perfecti LLC, Olympia, WA.