Official Rules for the nate #MakeSomeoneSmile Contest

No Purchase Necessary.
A Purchase Will Not Increase Your Chances Of Winning.

Eligibility
:  The nate #MakeSomeoneSmile Contest (the “Contest”) is open only to legal residents of the United States who are at least eighteen (18) years old. Employees of nate, Inc. (“Sponsor”), as well as their immediate family (spouse, parents, siblings, and children) and household members of those employees, are not eligible to enter. If the Contest is prohibited by any Local Regulations, you are prohibited from participating in the Contest, and the Sponsor, in its sole discretion, may take steps to limit or ban your participation.

Agreement to Official Rules:
By entering the Contest, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) Sponsor’s decisions regarding the Contest, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Entry Period:
 The Contest begins at 12:01 AM ET on November 10, 2020 and ends at 11:59 PM ET on December 10, 2020 (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official time-keeping device for the Contest.

How to Enter:
Eligible entrants may enter the Contest as follows (the “Entry”):
(i) Download the free nate app onto your mobile device and create an account,

(ii) Create a List of items on the app, with a total cost for all items not to exceed $4,999.99,  

(iii) Share your list and obtain 3 list followers, and

(iv) Share your list with nate on Instagram and TikTok tagging @nate_app and using the hashtag #MakeSomeoneSmile contest along with a post explaining why your List has the most inspiration potential. Videos must be at least 15 seconds in length and answer the prompt on your list. Videos must be between no less than 15 seconds and no more than 2 minutes in length and answer the prompt on your list.

There is no limit to the number of entries per person using one Instagram and/or TikTok handle per person. Entries may not be acknowledged by Sponsor.  

Your Entry must not, as determined by Sponsor in its sole discretion: (i) violate the rights of others, including copyright, trade secret, license, patent, trademark, privacy, publicity or any other right; (ii) contain defamatory statements; (iii) include threats to any person, place, business, or group; (iv) include instructions or activities that could cause harm or injury (v) be obscene or indecent; (vi) depict any risky behavior; (vii) contain any material or content that is libelous or in any way unlawful; or (viii) contain depictions of any individuals who have not granted permission to appear in the Entry. In the event Sponsor chooses to display Entries, Sponsor also reserves the right to refuse to post any Entry for any reason.

Entrant’s Warranties and Representations: By submitting an Entry, you warrant and represent that (a) the Entry is an original work created solely by you for entry in the Contest; (b) you own all rights to the Entry; (c) to the extent the Entry depicts any individual or features the voice of any individual, you are the individual pictured and heard in the submission; and (d) the Entry complies with all requirements of these Official Rules.

Judging:
After the Entry Period, a panel of 3 judges from nate, inc. selected by Sponsor at its sole discretion (the “Judges”) will evaluate all Entries and select one (1) winner based on the following Judging Criteria: (a) uniqueness and/or originality of entrant’s submission (50%); (b) persuasiveness of the submission (50.0%). In the event of a tie, an additional "tie breaker" judge will judge the tied entries based on the same criteria. The odds of being selected depend on the number of entries received and the performance of each entrant.

Notification and Requirements of Potential Winner
: Sponsor will attempt to notify the potential winners on or about December 12, 2020, by email. If a potential winner does not respond within three (3) days of notification, Sponsor will select an alternate potential winner in his/her place according to the Judging Criteria. Only three (3) alternate potential winners will be contacted. Except where prohibited, the potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place from the next highest scored eligible entry.

Prizes:
The winner (with the highest-scored ranking by the Judges) will receive all of the items on their nate app list submitted with their Entry, with a total approximate retail value not to exceed $4999.99.

Each winner is responsible for paying any applicable income taxes and any and all other costs and expenses not listed above. Any prize details not specified above will be determined by Sponsor in Sponsor’s sole discretion. A prize may not be transferred and must be accepted as awarded. A winner may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize (or component thereof) is not available for any reason, as determined by Sponsor in its sole discretion.

General Conditions:
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 problem, or any circumstances beyond Sponsor’s control, including act of god, war, government regulation, disaster, strikes or civil disorder Sponsor 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 according to the Judging Criteria from among the eligible entries received up to the time of the impairment.

Sponsor reserves the right in its sole discretion to disqualify and seek damages from any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. 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, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the participant. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited. Sponsor reserves the right in its sole discretion to supplement or make changes to these Official Rules without notice. Sponsor also reserves the right in its sole discretion to interpret the rules of this contest in any manner, and such interpretation shall be binding on any entrant and Entry.  

Release and Limitations of Liability:
By participating in the Contest, you agree to release and hold harmless Sponsor, Instagram, TikTok, and their respective parents, subsidiaries, affiliates, and officers, directors, employees, and agents (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: (i) unauthorized human intervention in the Contest; (ii) technical errors related to computers, servers, providers, or telephone, or network lines; (iii) printing errors; (iv) lost, late, postage-due, misdirected, or undeliverable mail; (v) errors in the administration of the Contest or the processing of entries; or (vi) injury or damage to persons or property. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, not to exceed $100.00, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

Privacy and Publicity:
Any information you submit as part of the Contest will be used for purposes of this Contest and treated in accordance with Sponsor’s privacy policy.  Entrants grant Sponsor a perpetual, exclusive, royalty-free, irrevocable license to distribute, market and otherwise exploit the Entry, and entrant’s name, image, likeness, biographical information, and voice in any and all forms of media now known or hereafter devised, both commercial and non-commercial, all as Sponsor deems appropriate in its sole discretion, and without further payment or consideration. Entrant waives any right to inspect or approve Sponsor’s use of the Entry as herein permitted, and entrant releases Sponsor and its agents from any and all claims arising out of its use of the Entry as herein permitted, including but not limited to, invasion of privacy, rights of publicity, or unintentional errors occurring in such use and publication, excluding fraud and negligence.

Disputes:  You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

Sponsor:  The Contest is sponsored by nate, Inc. This Contest is not sponsored, endorsed or administered by or associated with Instagram or TikTok.

Results:  For the names of the winners of any prize over $25, please send a self-addressed stamped envelope to nate, Inc. 1145 Broadway, New York, NY 10001. Requests must be received by January 20, 2021.