Ember x Barefoot Dreams Giveaway

1. GENERAL: Ember x Barefoot Giveaway (the “Giveaway”) begins on Thursday, December 1, 2022 at 12:01 am (California Local Time – all times set forth in these Official Rules are California Local Time) and ends on Sunday, December 4, 2022 at 11:59 pm (the “Giveaway Period”).

The sponsor of the Giveaway is Ember Technologies, Inc. which is located at c/o 4607 Lakeview Canyon Road #500, Westlake Village, CA 91361 (the “Sponsor”).

Sponsor’s Instagram page is located at @ember.

2. HOW TO ENTER: To enter the Giveaway:
   (A) Like the post featuring this Giveaway; (B) Tag 3 friends; (C) follow Sponsor (@ember), Barefoot Dreams (@barefootdreams) and (RED) (@red) on Instagram through December 5, 2022;

Completing steps (A)-(C) above shall count for one (1) “Entry” into the Giveaway. The Entry must comply with these Official Rules, including the entry requirements set forth below. Entrants must be able to receive direct messages from the Sponsor via Instagram.

This Giveaway allows for one (1) entry per person during the Giveaway Period.

Failure to follow the instructions, procedures and/or these Official Rules shall render the Entry invalid. All Entries must be actually received during the Giveaway Period. Any other attempt at entry is void. Sponsor’s computer is the official clock of the Giveaway. If the identity of an entrant is disputed, the authorized Instagram account holder at the time of entry will be deemed to be the entrant and must comply with these rules. A selected entrant may be required to provide proof that he/she is the authorized account holder of the Instagram account associated with the selected Entry.

3. ELIGIBILITY: Only legal residents of the fifty (50) United States and District of Columbia, who are thirteen (13) years of age or older at the time of Entry are eligible to enter (if an eligible minor, with parent/legal guardian consent). Employees, officers, directors, agents and representatives (and their immediate family members (spouse, and parents, children and siblings and their respective spouses, regardless of where they reside) and members of their same households, whether or not related) and agents and representatives of Sponsor, its parent, affiliates and subsidiary companies (collectively, “Ember”) prize suppliers, and advertising or promotion agencies that do business with Ember are not eligible to enter or win.

4. ENTRY REQUIREMENTS: By participating in this Giveaway, each entrant agrees to be bound by these Official Rules and by the interpretation of these Official Rules by Sponsor, and further warrants and represents that his/her Entry:

• does not violate any law, statute, ordinance or regulation;
• does not violate Instagram’s Terms and Policies, including Community Standards;

5. GIVEAWAY LIMITS: There is a limit of one (1) entry per person during the Giveaway Period. Any Entry you attempt to submit will be rejected if (in Sponsor’s sole and absolute discretion) it is not submitted and received during the Giveaway Use (or attempted use) of any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Giveaway is prohibited and is grounds for disqualification by Sponsor. All entries and entrants are subject to verification for compliance with these Official Rules. Sponsor reserves the right, in their sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Sponsor – including, without limitation, government issued photo identification) to participate in this Giveaway and/or proof of compliance (in a form acceptable to Sponsor) with these Official Rules. Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any person tampering with the entry process or, as applicable, the operation of Sponsor’s websites, or who is otherwise in violation of these Official Rules. Such a person will be prosecuted to the fullest extent of the law.

6. PRIZES/ODDS OF WINNING: Odds of winning the prize depend on the number of eligible entries received.

• One winner will be randomly selected from all eligible entries to receive: One (1) 14oz (Ember)^RED Mug and One (1) CozyChic® INSPI(RED) Stripe Throw from Barefoot Dreams(the “Prize”). The approximate retail value of the Prize is $330.

7. DRAWING AND NOTIFICATION: The winner will be selected on Monday, December 5, 2022 in a random drawing from all eligible and qualified entries received in accordance with these Official Rules during the Giveaway Sponsor shall administer and run the drawing. The selected entry (each a “Potential Winner”) will first be notified via Instagram message (the “Winning Notification”) on Monday, December 5, 2022. The Potential Winner must respond to the Winning Notification either within seventy-two (72) hours using the contact information provided in the Winning Notification to verify eligibility and compliance with these Official Rules. The Potential Winner may need to provide Sponsor with contact information (first name, last name, address, phone number and/or email address) and/or answer any initial questions to determine eligibility. If the Potential Winner is a minor, he or she must obtain parent/guardian consent. In the event a Potential Winner is found to be ineligible, or if he/she cannot or does not comply with these Official Rules, the Potential Winner may be disqualified and an alternate winner may be selected. To the extent applicable, if the Winning Notification returns as undeliverable, or if a Potential Winner fails to respond within the prescribed time, such will result in disqualification. Sponsor is not responsible for communication problems of any kind. Sponsor are under no obligation to select an alternate winner. Sponsor’s decisions as to the administration and operation of the Giveaway and the selection of the qualified winner is final and binding in all matters related to the Giveaway.

8. GENERAL CONDITIONS: The Prize will only be awarded to a verified Upon verification of eligibility and satisfaction of all other requirements, each winner may be required to execute an Affidavit of Eligibility, a Liability Release and (where legal) a Publicity Release (“Affidavit/Release”) before receiving his or her Prize. The winner will be sent the Prize to the address provided to Sponsor. If any Potential Winner fails or refuses to sign and return all Affidavit/Release before January 15, 2023, the Potential Winner may be disqualified and an alternate winner may be selected. The winner is solely responsible for all taxes as it relates to his or her Prize, including applicable sales and income taxes. To the extent applicable, any forms required by the appropriate taxing authority must be completed prior to delivery of the Prize, including a W-9 tax form and a copy of social security card (relates to any prize equal to or exceeding $600 in value). An IRS Form 1099 reporting the value of the Prize as earned income will be issued as appropriate.

9. ACCEPTANCE OF PRIZE: Except where prohibited by law, by accepting his or her Prize, the winner grants Sponsor, Instagram, prize suppliers, and their respective partners, licensees, parents, subsidiaries, affiliates, assigns, related companies and successors, and all of their respective officers, directors, employees, representatives, attorneys and agents (collectively, the “Sponsor Entities”) the universal and perpetual right and license to use, exploit, print, publish, reproduce, display, distribute and broadcast, and to grant others the right and license to use, exploit, print, publish, reproduce, display, distribute and broadcast the winner’s name, actual or simulated likeness, photograph, image, voice, portrait, picture, personal characteristics, biographical information and other personal identification in any and all languages, formats, and media now known and hereafter developed (including, without limitation, Facebook, Instagram, Twitter, television, newspaper, website, and radio), in connection with the Giveaway and/or any Giveaway- related activity and any and all advertising, promotion, marketing, and/or publicity thereof, including all ancillary and subsidiary rights therein, without additional consideration. Winner’s first name and last name’s initial (e.g., “Jane D.”) and Instagram handle may be announced across any and all formats, (including, without limitation, Facebook, Instagram, Twitter, television, newspaper, website, and radio).

10. OFFICIAL RULES: The Giveaway is subject to these Official By entering the Giveaway, entrants agree to waive any right to claim any ambiguity or error in the Official Rules of the Giveaway, or the Giveaway itself, and agree to be bound by these Official Rules and by all decisions of Sponsor, whose decision is binding and final in all respects.

11. DISCLAIMERS: Sponsor Entities are not responsible for lost, late, damaged, incomplete, stolen, illegible, misdirected, deleted, destroyed or altered entries; or for any mail, computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, errors, interruptions, deletions, defects, delays, connections, availability or garbled or jumbled transmissions, service provider/Internet/Websites/use net accessibility or availability, traffic congestion, or unauthorized human intervention or access to the websites, as Proof of entering information on a website or deposit into U.S. mail, as applicable, is not considered proof of delivery or receipt. Sponsor Entities are not responsible for any incorrect or inaccurate information. If by reason of any error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised prize. No more than the advertised number of prizes will be awarded. Sponsor reserves the right to cancel, terminate, suspend or modify any contest, Giveaway, game or drawing not capable of completion as planned, including because of infection by computer virus, bugs, tampering, unauthorized intervention or technical or other failures of any sort, or any other causes beyond the control of Sponsor.

12. RELEASE: By participating, entrants on behalf of themselves and their heirs, executors, administrators, successors and assigns hereby knowingly and voluntarily release, discharge, waive and relinquish, and agree that they will not assert or maintain against Instagram and the Sponsor Entities, those involved in the development, production (including prize suppliers, contractors, service providers), implementation and distribution of this Giveaway, all participating merchants and their designated agents and any other person or entity associated with such entities and/or this Giveaway, administrator, advertising and promotional agencies, and any of their respective officers, directors, employees, representatives, attorneys, or agents (collectively, “Sponsor Companies”), any claim, action, suit or demand of any kind or nature whatsoever, whether known or unknown now or in the future, directly or indirectly, in whole or in part, arising out of or in connection with their participation in this Giveaway or any Giveaway-related activity, or their acceptance, possession, use or misuse of any prize in any way (including any tax liabilities). Entrants hereby further agree that Sponsor Companies are not responsible or liable for, and that entrants will indemnify, defend, release, and hold Sponsor Companies harmless from and against, any and all claims, liabilities, losses, damages, injuries, costs and expenses (including, without limitation, reasonable attorney’s fees) of any nature whatsoever whether known or unknown now or in the future, directly or indirectly, in whole or in part, arising out of or in connection with their participation in this Giveaway or any Giveaway-related activity, or their acceptance, possession, use or misuse of any prize in any way (including any tax liabilities). Entrants hereby acknowledge that they may hereafter discover facts different from or in addition to those which they now know or believe to be true and agree that this release will remain effective notwithstanding.

13. PARENT/GUARDIAN CONSENTS. If a winner is under the age of eighteen (18) (US/DC residents), their parent or legal guardian must execute documentation toacknowledge, consent to, confirm, and approve the terms of these Official Rules and the Affidavit/Release and must submit to Sponsor such documentation at the time each respective winner submits his or her Affidavit/Release.

14. WINNERS LIST/RULES: The name of the winner may be obtained after January 31, 2023, by sending a self-addressed, stamped envelope, to be received before February 28, 2023, to: Ember x Barefoot Dreams Giveaway - Winner, c/o 4607 Lakeview Canyon Road # 500, Westlake Village, CA 91361, Attn: Marketing.

15. GOVERNING LAW: Except to the extent pre-empted by federal or other applicable state law, this Giveaway shall be governed by the laws of the State of California (without giving effect to any conflict of law provisions thereof). By participating in this Giveaway, entrants agree that any and all disputes which cannot be resolved between entrant and Sponsor, and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in Los Angeles County, California having competent jurisdiction, which Court shall apply the laws of the State of California without giving effect to any conflict of law provisions thereof.
16. PRIVACY POLICY: Entry information collected pursuant to this Giveaway will be used to administer the Giveaway as contemplated by these Official Rules and for general marketing purposes in compliance with Sponsor’s Privacy Policy as applicable and to the extent permitted by For information concerning Sponsor’s privacy policy, see https://ember.com/pages/privacy-policy.