Takeover

"Dump the Dyes" Contest Official Rules

This describes the agreement between you and us with respect to the Genexa Social Media Contest (the “Contest”) and any content or materials, including, but not limited to, photos, videos and written pieces (collectively, “Your Content”), added, submitted, distributed, or posted to the Properties by any means including, without limitation, via upload, e-mail, DM and/or posted comment, and governs your rights, licenses, obligations and restrictions regarding submission of Your Content to the Properties and this participating in this Contest (the “Agreement”). By entering the Contest, you acknowledge and agree to be bound by all the terms and conditions of this Agreement.

SPONSOR

This Contest is sponsored by Genexa, located at 165 Ottley Drive NE, Suite 150B, Atlanta, GA 30324.

ELIGIBILITY

  1. Must be at least 18 years old at the time of entry.
  2. Open to legal residents of United States.
  3. Employees of Genexa, affiliates, and their immediate family members are not eligible to participate.
  4. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

CONTEST PERIOD

The Contest begins on Sunday, February 2, 2025, at 11:00 AM EST and ends on Friday, February 14, 2025 at 11:59 PM EST. Entries submitted outside this period will not be considered.

HOW TO ENTER

  1. Create an original video showing how you’re “Dumping the Dyes.”
  2. Post your video to your Instagram or TikTok account.
  3. Use the hashtag #DumpTheDyesContest and tag @Genexa so we can see your entry.
  4. Ensure your account is public for the duration of the Contest.

PRIZES

  1. Grand Prize: $3,000 cash; a private screening for up to 30 guests of the documentary “To Dye For” with a virtual Q&A from the Directors, one (1) DVD, one (1) sweatshirt; and a clean medicine cabinet upgrade consisting of ten (10) Genexa medicines awarded to the creator of the best content (the “Winner”), as determined at Genexa's sole discretion.
    1. The Winner is responsible for any applicable taxes related to the prize earnings and following all state and federal laws.
    2. The Winner is responsible for submitting a W-9 form to Genexa to be eligible for the prize.
  2. Runners Up Prize: one (1) FREE download of the documentary “To Dye For” on Apple TV; and a clean medicine cabinet upgrade consisting of five (5) Genexa medicines. To select the Runners Up, the company will select 15-20 top videos at its sole discretion, which will then be presented for audience voting on Instagram. The ten (10) videos with the most votes will be deemed the “Runners Up”, subject to the company’s sole discretion, and final verification and approval.
    1. The Runners Up are responsible for any applicable taxes related to the prize and following all state and federal laws.
  3. Participation Prize: The first 100 valid entries will receive one (1) free Genexa Pain & Fever product for infants, kids, or adults redeemable via a code on Amazon; and a 25% discount code to purchase “To Dye For” documentary on Vimeo. Codes will be distributed within 30 days of the end of the contest (February 14, 2025).

SELECTION OF WINNER

  • Entries will be judged by a panel of representatives from Genexa as determined at Genexa's sole discretion. Judging criteria include, but are not limited to:
    • Creativity and originality
    • Alignment with brand/product theme
    • Quality of content
  • The Winner will be notified via direct message by February 18, 2025, and announced on Genexa’s Instagram.

SELECTION OF RUNNERS UP

  • To select the Runners Up, the company will select 15-20 top videos at its sole discretion, which will then be presented for audience voting on Instagram. The ten (10) videos with the most votes will be deemed the “Runners Up”, subject to the company’s sole discretion, and final verification and approval. The Runners Up will be notified via direct message by February 21, 2025, and announced on Genexa’s Instagram.

DISCLAIMERS

  1. This Contest is not sponsored, endorsed, or administered by, or associated with Instagram or TikTok.
  2. Genexa reserves the right to modify, suspend, or cancel the Contest at any time for any reason.
  3. Genexa reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of this Agreement or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the Properties or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Genexa reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law.

TAXES

  1. The Winner is solely responsible for reporting and paying any taxes associated with the prize. Genexa will issue a 1099 form for prizes exceeding $600.
  2. The Winner is solely responsible for submitting a W-9 form to Genexa to be eligible for the prize.

EXCLUSIVE LICENSE GRANT

By submitting or posting Your Content to us or our Properties in any manner, and in consideration for the opportunity to have Your Content distributed on our Properties, you automatically grant us and our contributors, or warrant that the owner of such content has expressly granted us, the perpetual, irrevocable, sublicensable and transferable, exclusive right and license to use, copy, reproduce, publish, distribute, license to others, perform, enforce, edit, modify, prepare derivative works of, and otherwise exploit Your Content, and any clips, images, or portions thereof, in any and all media, formats and channels, including on our Properties, and in merchandise related thereto.

For the sake of clarity, the rights granted with respect to Your Content will include, without limitation, the exclusive right to (1) post Your Content on our Properties, (2) use Your Content (or clips thereof) in advertising/ promotional material, (3) license Your Content to third parties for their use in exchange for payment, (4) pursue advertising, brand integration, endorsement and sponsorship opportunities with respect to Your Content; (5) pursue and receive fees and damages for past, present and future infringements of intellectual property rights in and to Your Content, and (6) incorporate Your Content, or images therefrom, in merchandise to be sold through the Properties or otherwise (e.g., apparel).

The rights granted by you to us are exclusive which means that after entering this license, you will have no right to grant rights in Your Content to any third party and no right to continue to distribute Your Content through your own digital or online channels (including your own social media accounts), unless we otherwise agree.

To the extent any of Your Content you submit includes name, image, voice, or performance of you or anyone else, you acknowledge and agree that licenses herein shall apply to the same. Except where prohibited by applicable law, by submitting Your Content through the Properties, you are waiving and agreeing not to assert any of the following potential claims based upon our use of Your Content as described herein: (i) copyright infringement; (ii) violation of your rights of publicity; (iii) defamation, and/or (iv) “moral” rights or claims resulting from our alteration of Your Content.

Subject to these grants, you retain any and all rights which may exist in Your Content.

We do not guarantee that any of Your Content will be exploited through the Properties. We reserve the right to, but do not have any obligation to, remove, edit, modify or otherwise manipulate Your Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content or if we are concerned that Your Content may violate this Agreement).

PROHIBITED CONTENT

You are prohibited from submitting or posting to the Properties any content that:

  1. Was taken from a third party, or includes a third party’s trademarks, content or material, without permission, or otherwise infringes upon a third party’s intellectual property rights of any kind.
  2. You have previously sold to or exclusively licensed to another party.
  3. Is defamatory, slanderous or libelous.
  4. Depicts or encourages criminal or tortious activity, including fraud, trafficking in obscene or illegal material, drug dealing or using, underage drinking, gambling, violence, harassment, or stalking.
  5. Includes the name, image, voice or performance of any person who has not provided his or her consent to the foregoing being used for the purposes hereunder.
  6. Depicts or encourages dangerous activities.
  7. Is abusive, threatening, or obscene.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that Your Content will not violate any of the prohibitions described above. Without limiting the foregoing, you further represent and warrant that:

  1. You did not, without necessary permission, copy, rip, download, or otherwise take Your Content from any third party.
  2. You have not previously granted, nor will you in the future grant, any rights to Your Content to any third party.
  3. You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to include and use Your Content in the manner contemplated by this Agreement and that Your Content will not violate or infringe upon the intellectual property rights, the rights of privacy or publicity, or any other rights of any third party.
  4. You have the express consent of every party prominently featured in Your Content to license Your Content to us for the uses contemplated under this Agreement.

RELEASE AND LIMITATIONS OF LIABILITY

By participating in the Contest, entrants agree to release and hold harmless Genexa, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, 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 the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the Winner and Runners Up, the incorrect downloading of the application, the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

 DISPUTES

Except where prohibited, each entrant agrees 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 Georgia. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, entrants rights and obligations, or the rights and obligations of Genexa in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Georgia, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Georgia.

INCORPORATION OF TERMS OF USE

This Agreement supplements our Terms of Use , the provisions of which are hereby incorporated by this reference and constitute the remainder of the terms governing the submission of Your Content and the Contest. Should there be a conflict between the Agreement and the Terms of Use, the Agreement shall control. By submitting Your Content, you are representing that you have read and agree to both agreements.

INCORPORATION OF PRIVACY TERMS

Information collected from entrants is subject to Genexa's Privacy Policy.

Failure by Genexa to enforce any provision of this Agreement shall not constitute a waiver of that provision.