Official Rules: First Date to Save the Date

NO PURCHASE NECESSARY TO ENTER OR WIN.

The First Date to Save the Date Contest ("Contest") will take place from 10:00 a.m. EST on September 25, 2023 (the “Start Date”) through 11:59 p.m. EST on October 7, 2023 ("Contest Period").

__ELIGIBILITY: __

The Contest is open to couples consisting of two (2) individuals (each such couple, an “Entrant”) where both members of the couple are legal residents of the fifty (50) United States or the District of Columbia and 21 years of age or older. At least one member of the couple must be signed up for or sign up for Zola (which sign-up shall include completing the Zola registry sign-up process, and creating a free Zola account prior to Contest entry). Employees and other workers, including temporary employees, freelancers, influencers and independent contractors (and each of their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of Zola, Inc. (“Sponsor”), and its parents, subsidiaries, affiliates and advertising and promotion agencies, are not eligible to enter or win The Contest is void where prohibited by law. The Contest is subject to all applicable federal, state and local laws. The Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. By participating, each Entrant agrees to abide by these official rules (“Official Rules”) and the decisions of Sponsor, which shall be final and binding in all respects relating to the Contest. For clarity, any reference to “Entrant,” “Finalist,” “winner” or “you” in these Official Rules shall be deemed to refer to both members of the relevant couple unless otherwise expressly indicated. By submitting an entry as set forth below, the member of a couple doing so represents and warrants that he/she/they has obtained the consent of the other member of the couple beforehand, with the understanding that Sponsor reserves the right to condition the prize award on adequate proof of such consent being timely furnished to Sponsor as well as both members of the couple completing, signing and timely returning a Declaration of Eligibility, a Liability and Publicity Release (unless prohibited by law), as described below.

__HOW TO ENTER: __

Before entering, be sure to follow @zola on Instagram. During the Contest Period, to enter, fill out our Contest Entry Form accurately, completely and in accordance with all available instructions (including all photos submitted in connection with such form, a “Submission”). Limit one (1) Submission per Entrant. Violation of entry limit will result in disqualification. For the avoidance of doubt, only ONE (1) member of a couple may create and post a Submission for that couple and a third party cannot nominate a couple. Entry by any means which subverts or attempts to subvert the entry process is void, as are entries generated by script, bot, macro or other automated means. Any acknowledgment of receipt of a Submission is not in any way binding upon Sponsor. Each Finalist (defined below) shall provide Sponsor with a copy of its Submission in the format requested by Sponsor, a detailed biography, likeness and any additional information with respect to Entrant’s Submission reasonably requested by Sponsor.

__By submitting your Submission, you represent that: __

• you will provide only true and correct statements and other information in connection with your Submission;
• you will not submit any content that:
  • is obscene, sexually explicit, defamatory, threatening, harassing, offensive, abusive, hateful, or embarrassing to any person or entity;
  • is confidential or proprietary, unlawful, harmful, false, fraudulent, libelous, defamatory, vulgar, profane, abusive, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable law, rule or regulation;
  • may contain software viruses, malware or other harmful code;
  • is an advertisement, solicitation, promotional material, “junk mail,” “spam,” chain letters, pyramid schemes or any form of commercial content;
  • impersonates another person or misrepresents your affiliation with any person or organization;
  • defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, or other people or companies;
  • appears to duplicate any other submitted Submission; and
  • contains Personal Information (as defined in Zola’s Privacy Policy, available at www.zola.com/privacy), except as reasonably related to the Submission or where we expressly ask you to provide such information;
• the Submission has not been entered into any other contest or won any previous awards, nor has it been previously published;
• your Submission is your original creation and you (e.g., one or both members of the couple comprising Entrant) are the sole owner of the Submission, or, if you are not the sole owner of the Submission, you have obtained and conveyed to Sponsor all licenses, waivers, rights, consents and permissions (collectively, “Permissions”) from any persons or entities who own the Submission as are, or as may reasonably be expected to be, necessary for you to submit the Submission to Sponsor and for the Sponsor Parties (defined below) to exercise their rights in the Submission as permitted by these Official Rules without incurring any payment or other obligation to, or infringing, misappropriating or otherwise violating any right of, any such person or entity, and you shall provide Sponsor with copies of such Permissions upon request;
• you have obtained and conveyed to Sponsor all Permissions from any persons or entities who provided services for or participated in, or are, or whose trademark or other property is, identified, depicted or otherwise incorporated into or referred to in the Submission, as are, or as may reasonably be expected to be, necessary for you to submit the Submission to Sponsor and for Sponsor and the Sponsor Parties to exercise their rights in the Submission as permitted by these Official Terms without incurring any payment or other obligation to, or infringing, misappropriating or otherwise violating any right of, any such person or entity, and you shall provide Sponsor with copies of such Permissions upon request; and
• the Submission and the use of the Submission by the Sponsor Parties as permitted by these Official Rules shall not infringe upon, misappropriate or otherwise violate the rights of any third party, including but not limited to trademark, copyright, trade secret, the rights of publicity and privacy and the right against defamation.

If, in the sole discretion of Sponsor, Entrant’s Submission violates the requirements herein (a “Prohibited Submission”), the Submission will be disqualified.

__WARRANTIES: __

Entrant represents, warrants and covenants that: (i) Entrant has all right, power and authority to enter into the Contest and perform its obligations and duties pursuant to these Official Rules and grant the rights granted by Entrant hereunder (the preceding includes but is not limited to the member of the relevant couple submitting the Submission having secured the consent of the other member of the relevant Entrant couple), (ii) any Submission submitted by Entrant conforms to these Official Rules; (iii) Entrant understands that Sponsor, in its sole discretion, may disqualify such Submission if it determines, in its sole discretion, that such Submission fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor in its sole discretion; (iv) such Submission is not a Prohibited Submission; (v) Entrant has not (as of the Start Date) granted any third party the right to use or exploit such Submission; (vi) Entrant shall not grant any third party the right to use or exploit any Submissions selected as Finalists or the winner of the Contest; and (vii) Entrant shall not grant any third party the right to use or exploit any Submissions that have not been selected as Finalists or the winner of the Contest until at least ninety (90) days after the expiration of the Contest Period.

__USE OF SUBMISSIONS/PUBLICITY GRANT: __

By submitting a Submission, each Entrant hereby grants to Sponsor and its designees, successors, assigns and licensees (collectively, the “Sponsor Parties”), an exclusive license to reproduce, distribute, and display the Submission and all elements embodied in the Submission, along with Entrant’s name, biographical information, likeness or image, voice, quotes, comments, in whole or in part, in any manner or media now known or hereafter devised throughout the world in perpetuity for any purpose whatsoever, including, without limitation, advertising, promotional, trade and other purposes in connection with the Contest (including use of the Entrant couple’s names in the Winner Paper Suite, as described below) without compensation, notification or permission.

NO OBLIGATION:

Sponsor has no obligation to make use of the rights granted to it herein and shall not incur liability under legal theory by refraining from doing so.

__OWNERSHIP OF WINNING SUBMISSIONS: __

Each Finalist and the winner of the Contest hereby grants to the Sponsor Parties a worldwide, sole, exclusive, assignable, sub-licensable, royalty-free, fully paid-up, perpetual, irrevocable license to publish, make, display, perform, use, reproduce, distribute, offer, sell, import, export, transmit, provide user access to, and otherwise commercialize and fully exploit, in any and every manner and medium now or hereafter known or devised, the Submissions and any Submission IP (defined below). While each Finalist and the winner retains title to, and is entirely responsible for, all Submissions provided as part of the Contest, the Finalists and the winner hereby agrees to comply with any requirements imposed by any third parties on the use of Submissions, including payment of any money owed to those third parties (such as royalties), Finalists and winner shall only have and retain the right to display the Submissions solely in connection with their respective personal use. Finalists and winner may not provide the Submissions to any third party (for a fee or free of charge) for any reason other than allowing such third party to temporarily access the Submissions without publication or any other manner of exploitation. Without the prior written consent of Sponsor, each Finalist and winner has no right to use Sponsor’s name, logos, and/or trademarks in any manner. “Submission IP” includes, without limitation, all patent rights, copyright rights, trademark rights, moral rights, publicity rights, privacy rights and any other intellectual property rights or similar rights anywhere in the world covering or embodied in or relating to any Submission. The rights and licenses granted to the Sponsor Parties herein include all rights in and to the Submissions including, without limitation, the right to edit, clip, crop, resize, retouch, alter, adapt, modify, create derivatives, distribute, make available online, in whole or in part, and to allow others to engage in any of the foregoing activities, in any medium now known or hereafter invented or known. Finalists and winner hereby consent to all uses and revisions to their respective Submissions and Submission IP, including but not limited to, incorporation into any of Sponsor’s digital products, and Finalists and winner hereby waives any moral rights or “droit moral” (including, but not limited to any rights of attribution or integrity). Finalists and winner shall assist each Sponsor, at Sponsor’s request and expense (but without compensation other than the prize as defined below) to further evidence, record and enforce such rights and licenses granted hereunder.

__WINNER DETERMINATION: __

A qualified panel of judges selected by Sponsor will judge all eligible Submissions received based on the following equally weighted judging criteria: (i) relatability, (ii) humor, and (iii) romance (collectively, the “Criteria”). A bonus point will be awarded for each of the following: one (1) photo of the Entrant couple from when they started dating and one (1) photo of the Entrant couple from their engagement (maximum of one (1) bonus point for each type of phone, maximum two (2) bonus points overall). The four (4) Submissions that receive the highest scores from the judges will be deemed the “Finalists.” In the event of a tie, a tie-breaker judge will judge the tied entries using the Criteria to determine the Finalists. Following selection of the Finalists, the Submissions will be posted to Sponsor’s Instagram stories for twenty-four (24) hours, where Sponsor’s Instagram followers will be instructed to select their favorite Submission via Instagram poll (“Finalist Poll”). The Finalist Submission with the most votes in the Finalist Poll following such twenty-four (24)-hour period will be the winner. In the event of a tie in such Finalist Poll, a tie-breaker judge will judge the tied entries using the Criteria to determine the winner. Sponsor reserves the right to not award any or all of the prizes if, in their sole discretion, they do not receive a sufficient number of eligible and qualified Submissions and/or a sufficient number of qualified, legitimate votes in the Finalist Poll. All decisions of Sponsor and the judges are final and binding. Sponsor will not reveal the judging scores for any entry.

FINALIST NOTIFICATION:

Each Finalist (specifically, the member of a Finalist couple who entered the couple in the Contest) will be contacted by Sponsor via email. If a potential Finalist does not respond and comply with the instructions in the message within forty-eight (48) hours or is not in compliance with these Official Rules, such potential Finalist will forfeit the chance to be included in the Finalist Poll and an alternate Finalist may be selected from remining eligible Submissions received (time permitting), with the understanding that such alternate Finalist may not be selected. Return of a Finalist notification as undeliverable, failure to sign and return requested documentation within the specified time period (i.e., by both members of Finalist couple), the inability of Zola to contact a Finalist within the foregoing time period (i.e., the member of a Finalist couple who entered the couple in the Contest) or non-compliance with these Official Rules by a Finalist (i.e., either member of potentially winning couple) will result in disqualification and an alternate Finalist may be selected (time permitting) but the prize may not be awarded. If you are selected as Finalist, you must sign and return any document reasonably requested by Sponsor that confirms the terms set forth in these Official Rules, including a completed questionnaire confirming your eligibility as set forth in these Official Rules, the assignment of the intellectual property rights in the Submission from you to Sponsor and/or a Declaration of Eligibility and a Liability and Publicity Release (unless prohibited by law).

__WINNER NOTIFICATION: __

Following the Finalist Poll, the potential winner (specifically, the member of the potentially winning couple who entered the couple in the Contest) will be contacted by Sponsor via email. If the potential winner does not respond and comply with the instructions in the message within forty-eight hours or is not in compliance with these Official Rules, such potential winner will forfeit the prize and an alternate winner may be selected from remining Finalists (time permitting), with the understanding that such prize may not be awarded. Return of a prize notification as undeliverable, failure to sign and return requested documentation within the specified time period (i.e., by both members of potentially winning couple), the inability of Sponsor to contact a potential winner within the foregoing time period (i.e., the member of a potentially winning couple who entered the couple in the Contest) or non-compliance with these Official Rules by potential winner (i.e., either member of potentially winning couple) will result in disqualification and an alternate winner may be selected (time permitting) but the prize may not be awarded. If you are selected as a potential winner, you must sign and return any document reasonably requested by Sponsor that confirms the terms set forth in these Official Rules, including a completed questionnaire confirming your eligibility as set forth in these Official Rules, the assignment of the intellectual property rights in the Submission from you to Sponsor and/or a Declaration of Eligibility and a Liability and Publicity Release (unless prohibited by law).

PRIZE (1):

One (1) winner will have a Zola paper suite named after the members of the winning couple (“Winner Paper Suite”) and will receive $100.00 in Zola Credits, Approximate Retail Value $100.00. Total Approximate Retail Value of all prizes: $100.00. The Winner Paper Suite will be named using couple’s first and last names, in whole or in part, as determined by Zola in its sole discretion. Zola shall also have full discretion to use which paper suite is chosen for the Winner Paper Suite, as well as the composition of/offerings included in such Winner Paper Suite. Zola reserves the right to discontinue the Winner Paper Suite at any time in its sole discretion. The Zola Credits will expire one (1) year following the date on which they are issued to the applicable winner’s Zola account and will not be re-issued if not used by such date. Zola Credits cannot be redeemed or used for cash, digital Zola gift cards, honeymoon funds or other cash gifts or be applied towards items purchased from another website, or honeymoon funds or other cash gifts nor can Zola Credits be retroactively applied to past orders. You must have a Zola account to receive and use Zola Credits. Zola Credits may be subject to additional terms and conditions as determined by Zola in its sole discretion.

The prize is awarded “as is” with no warranty or guarantee, either express or implied. All federal, state and local taxes, if any, and all other costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winner. The winner may not substitute, assign or transfer prize, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) of comparable or greater value. The prize is not redeemable for cash. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per household.

Winners are solely responsible for all applicable federal, state and local taxes, including, without limitation, federal, state, and local withholding taxes, FICA, FUTA, Social Security, Medicare, SUI and other such taxes and deductions. If you are selected as a winner, you agree to provide Sponsor with any required tax forms, including without limitation, Internal Revenue Service Form W-9 and acknowledge that Sponsor may be required to report the award of the prize to the Internal Revenue Service via 1099 Form.

RELEASE OF LIABILITY AND INDEMNITY:

By participating in the Contest, each Entrant agrees to release, indemnify, discharge and hold harmless Sponsor and its parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) as well as Facebook, Inc./Instagram from any and all injuries, liabilities, claims, losses, expenses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from (i) Entrant’s participation in the Contest (i.e., either affirmatively by submitting a Submission or by consenting to be entered in the Contest) or any Contest-related activity (including violation of privacy, be it intrusion of solitude, public disclosure of private facts, portrayal in a false light or misappropriation), (ii) the acceptance, possession, use or misuse of any prize and/or Sponsor’s use of the Submission and rights granted herein, and (iii) Entrant’s breach of any representation or warranty or other provision of these Official Rules.

GENERAL CONDITIONS:

The Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Submissions or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Submissions, the notification of potential winners, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by users of the Instagram social media platform, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for any Submissions that are not accessible or received in a viewable/audible form due to filtering by or other operation of the functionality of the Instagram social media platform. Released Parties are not responsible for injury or damage to any person's mobile device related to or resulting from participating in the Contest. Persons who tamper with or abuse any aspect of the Contest including the @zola page or stories on Instagram, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Submissions will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Submissions, Sponsor reserves the right at their sole discretion to suspend, modify or terminate the Contest and, if terminated, at their sole discretion, select the potential winner from all eligible, non-suspect Submissions received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. Any notices permitted or required under this Agreement shall be deemed sufficient if sent via email to support@zola.com with the subject line “First Date to Save the Date Contest” and email receipt is acknowledged by Zola.

PERSONAL INFORMATION:

Any personal information supplied by you to Sponsor will be subject to its privacy policies posted at https://www.zola.com/privacy. By entering the Contest (“entering” includes allowing the other member of the relevant couple to submit a Submission including you), you grant Sponsor permission to share your e-mail address and any other personally identifiable information with such third parties as is necessary for the purpose of Contest mechanics, voting, administration and prize fulfillment.

REQUEST FOR WINNERS LIST:

To receive the names of the winners, please send a self-addressed stamped envelope to “Zola First Date to Save the Date” - Winner List, c/o Zola, Inc., 7WTC, 250 Greenwich St., 39th Floor, New York, NY, Attn: Legal Department. Queries must be postmarked no later than 60 days after the end of the Finalist Poll.

SPONSOR:

Zola, Inc., 7WTC, 250 Greenwich St., 39th Floor, New York, NY 10007