Pumpkin Carving Contest 2023 Official Rules

OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE THE ODDS OF WINNING. VOID WHERE PROHIBITED BY LAW.

1. Entry Period: The 2023 Native Roots Pumpkin Carving Contest (the “Promotion”) begins on or about October 10, 2023 at 8:00:00am MST and ends on October 26, 2023 at 11:59:59am MST (the "Entry Period"). Sponsor’s computer is the official timekeeping device for the Promotion.

2. Sponsor: The Promotion is sponsored by RJJ Morrison, LLC d/b/a Native Roots, 3150 S. Sheridan Boulevard, Unit 1, Denver, CO 80227 (“Sponsor”).

3. Terms and Conditions: By participating in the Promotion, participants fully and unconditionally accept and agree to be bound by these Official Rules, and they represent and warrant that they meet the eligibility requirements set forth herein. In addition, they agree to accept the decisions of the Sponsor as final and binding as it relates to the Promotion. Participants agree that Sponsor shall retain full authority, in its sole discretion, to interpret and administer these Official Rules, and they agree to be bound by all decisions and interpretations made in good faith by Sponsor, or its designee. VOID WHERE PROHIBITED OR RESTRICTED BY LAW, RULE, REGULATION OR ORDINANCE.

4. Eligibility: The Promotion is open to individuals who at the time of entry are either: a) at least 21 years of age or b) at least 18 years of age and hold a valid medical marijuana card in their name issued under Colorado law. Employees of Sponsor, its parent companies, affiliates, subsidiaries, and advertising and promotion agencies, and their immediate family members (spouse, siblings, children and parents, regardless of where they live) and/or persons living in their same household (whether related or not), are not eligible to participate in the Promotion.

5. How to Enter: An eligible person (an “Entrant”) enters the Promotion by submitting an original carved pumpkin entry via posting a picture of the pumpkin to their (the Entrant’s) Instagram Story and tagging @NativeRootsDispo or sending a picture of such via direct messaging to @NativeRootsDispo during the Entry Period. Each Entrant is limited to one (1) entry in the Promotion. All entries will become the property of Sponsor and will not be acknowledged or returned, and no correspondence will be entered into regarding the status of any entry. In Sponsor’s sole discretion, Entrants that do not comply with these Official Rules may be disqualified. Any attempt to obtain more than the permitted number of entries by using multiple identities, registrations, or any other methods may void entries and may result in being disqualified from the Promotion. Sponsor reserves the right, in its sole discretion, to disqualify any Entrant at any time who, in Sponsor’s opinion, is behaving in an offensive or unsuitable manner, endangers the safety or well being of any employee or patron of Sponsor, or if it is determined the Entrant has not complied with these Official Rules and/or applicable state laws. Sponsor is not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed, not visible, or misdirected entries; all of which will be void in Sponsor’s sole discretion. No purchase necessary to enter or win. Individuals who wish to participate, but do not wish to enter the Promotion as described above, can email marketing@nativerootsdispensary.com to be added as an Entrant to the Promotion.

6. License Grant/Release: Entering this Promotion constitutes Entrant’s full agreement to give Sponsor and its affiliates, successors, and assigns, a royalty-free, irrevocable, and perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display the entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including without limitation sharing an entry for promotional or marketing purposes or otherwise using it in connection with Sponsor’s social media. Entrant also grants a waiver and full release relating to the entry, including without limitation waiving rights of publicity or privacy of Entrant. If requested, Entrant will sign any documents that may be required for Sponsor or its designees to make use of the entry and all components thereof. By entering, Entrant warrants and represents that they are the sole and exclusive owner of the entry and all components thereof and that the same will not infringe on any rights of any third parties, and Entrant further agrees that their entry and all components thereof conforms to these Official Rules.

7. Prizes: As used in these Official Rules, “Prize” refers to either the 1st Place Prize, the 2nd Place Prize, the 3rd Place Prize, or all the prizes collectively.

   1. “1st Prize” refers to one (1) “Max Out Bag” of mixed products, the contents and variety of which are offered solely at the Sponsor’s discretion, with an ARV of $250.00. Winner may be charged $0.01 per item.

   2. “2nd Prize” refers to one (1) ounce of Onyx label flower or equivalent in store credit, with an ARV of $100.00. Winner may be charged $0.01 per item.

   3. “3rd Prize” refers to one (1) half-ounce of Onyx label flower or equivalent in store credit, with an ARV of $60.00. Winner may be charged $0.01 per item. The odds of winning depend on the total number of entries received but are estimated to be 1:100. Restrictions may apply. All expenses related to accepting and utilizing a Prize, including travel, additional accommodations, additional meal and personal expenses, etc. are the sole responsibility of the Winner. No person may win more than one (1) Prize. A Prize is non-transferable. No cash or other substitution of any Prize will be made, except at Sponsor’s sole discretion. The Sponsor reserves the right to substitute a Prize for one of equal or greater value. Any difference in the stated ARV and the actual value of a Prize will not be awarded. The Sponsor will not replace a lost or stolen Prize or portion thereof. Sponsor is not responsible for any inability of any winner to accept or use any Prize (or portion thereof) for any reason.

8. Winner Selection and Requirements

   1. Winner Selection. In these Official Rules, 1st Prize Winner, 2nd Prize Winner, and 3rd Prize Winner may be referred to each individually as a “Winner” or collectively as “Winners”.

      1. At or around 12:00:00pm MST on October 26, 2023 until 11:59:59pm MST on October 27, 2023, Sponsor will open a method for Instagram Users to vote for their favorite carved pumpkin from all eligible entries. Each Instagram User will get one vote. At or around 12:00:00pm MST on October 27, 2023 the Sponsor will announce the winning entries for both the 1st Prize, 2nd Prize, and 3rd Prize (each a “Winner” or collectively the “Winners”). The entrant with the most votes will be the 1st Prize Winner; the entrant with the second most votes will be the 2nd Prize Winner; and the entrant with the third most votes will be the 3rd Prize Winner. Sponsor will attempt to contact each Winner via direct/personal messaging the Winner and/or posting an announcement of the Winner(s) on Instagram to provide the Winner with additional details regarding the logistics of their Prize (to wit, once selected, the Sponsor will contact the Winner and notify them of how they may claim their Prize). A Winner must contact Sponsor to accept the Prize by responding to Sponsor within 48 hours of Sponsor’s initial notification attempt. If a Winner does not contact Sponsor by such time, Sponsor (in its sole discretion) may conduct a random drawing from all remaining eligible entries to select an alternative winner.

   2. Required Affidavit and Release: The Winners may be required to complete, sign and return to Sponsor and/or its agent, a release and declaration of compliance, and may be requested (but not required) to complete, sign and return to Sponsor and/or its agent a publicity release, within five (5) days of receipt of such documents from Sponsor. If such documents to be completed and signed by the potential winners are not returned to Sponsor prior to such deadline, any Prize won may be forfeited in Sponsor’s sole discretion.

   3. Responsibility for Prize/Taxes: If Entrant wins the Prize, Entrant understands and agrees that they are solely responsible for the use, care and maintenance of the Prize, including any and all insurance requirements, licensing requirements, and liability for use. PRIZE IS AWARDED “AS IS” WITH NO REPRESENTATION OR GUARANTEE OF ANY KIND BY SPONSOR, AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any and all Prize-related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner. The Internal Revenue Service requires Form 1099-MISC to be issued and filed for each recipient who received a prize/award if the annual aggregate is at least $600 or more. The Winner must complete and submit a W-9 form to receive the Prize, if applicable. The Winner should consult their tax advisor for the proper tax treatment of this income on their tax return.

   4. Compliance with Laws: Receipt of a Prize offered in this Promotion is conditioned upon the Entrant’s compliance with these Official Rules and all state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER MAY (AT SPONSOR’S SOLE DISCRETION) RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE PROMOTION AND ALL WINNER PRIVILEGES WILL BE IMMEDIATELY TERMINATED. If any provision of these Official Rules shall be deemed to violate any state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect.

9. RELEASE AND HOLD HARMLESS: BY ENTERING THIS PROMOTION, THE ENTRANT HEREBY AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, AND THOSE ENTITIES ASSOCIATED WITH THE DEVELOPMENT, DISTRIBUTION AND IMPLEMENTATION OF THIS PROMOTION, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS AND REPRESENTATIVES FROM ANY DAMAGE, INJURY, EXPENSE, COST, DEATH, LOSS, CLAIM, ACTION, DEMAND, OR OTHER LIABILITY THAT MAY ARISE IN CONNECTION WITH THE PROMOTION, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF SPONSOR OR NOT, INCLUDING ALL CLAIMS OR THREATENED CLAIMS RELATING TO (A) PARTICIPATION IN THE PROMOTION; (B) ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE; (C) PARTICIPATION IN ANY PROMOTION OR PRIZE-RELATED ACTIVITY; OR (D) ELECTRONIC OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR PROCESSING OF ENTRIES.

10. Termination: Sponsor reserves the right, in its sole discretion and without notice, to cancel, terminate, modify or suspend the Promotion. Examples of reasons for termination or modification of the Promotion may include (without limitation) Sponsor’s inability to reasonably or fairly conduct or administer the Promotion due to business changes, viruses, malware, security breaches, non-authorized human intervention, fraud or other causes beyond Sponsor’s control. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion or website or violates these Official Rules. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH ENTRANT(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

11. General Rules: The Sponsor is not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable correspondence; (ii) theft, destruction, unauthorized access to or alterations of entry materials; (iii) any typographical or other errors in the printing of these Official Rules, administration of this Promotion or in the announcement of any Winner(s) or Prize(s); or (iv) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. By participating in the Promotion, Entrant acknowledges that Entrant has read these Official Rules and any other terms and conditions, rules, guidelines or policies applicable to the Promotion, and agrees to abide by them.

12. Social Media: The Promotion may be advertised through social media platforms, such as Facebook, Instagram, Flickr, Google+ and Twitter (“Social Media”). Entrant understands and acknowledges, however, that the Promotion is in no way sponsored, endorsed, administered by, or associated with any Social Media platform on which it is offered or advertised, including Facebook, Instagram, Flickr, Google+ and Twitter. Entrant agrees to adhere to all rules established by Social Media platforms. Any information provided for the Promotion is being provided to Sponsor rather than any other Social Media platform. Entrant fully releases all other Social Media from all claims, losses and harm that Entrant may allege or incur relating to this Promotion.

13. Privacy Policy. The terms of Native Roots’ Privacy Policy will govern how Native Roots may use Entrant’s information collected during the Promotion. By participating in the Promotion, Entrant agrees to the terms of Native Roots’s Privacy Policy.

14. Regulatory Compliance. ALL TRANSACTIONS PURSUANT TO THIS PROMOTION MUST BE IN COMPLIANCE WITH 1 CCR 212-3 RULE 6-110(c). SPONSOR/NATIVE ROOTS WILL AT NO TIME TRANSFER MORE THAN THE LEGAL LIMIT OF RETAIL MARIJUANA OR RETAIL MARIJUANA PRODUCT PER TRANSACTION PER DAY AND DOES NOT SUPPORT CONSUMERS POSSESSING MORE THAN THE LEGAL LIMIT OF RETAIL MARIJUANA AT ANY TIME.

15. DISPUTE RESOLUTION: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF COLORADO WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, the Entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, exclusively before a court located in Colorado having jurisdiction. The Entrant and Sponsor hereby agree to WAIVE A JURY TRIAL in all actions and proceedings relating to the Promotion. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.

16. Winner Announcement: For information regarding the Prize Winner(s), which will be available seven (7) days after the announcement of the Winner(s), send a request specifying the Promotion name to Native Roots, 3150 S. Sheridan Boulevard, Unit 1, Denver, CO 80227. Requests must be received within thirty (30) of the Winner Selection date.