Action for Access Rules Guidelines - Essence

ESSENCE® Celebrates New Orleans!
“Action for Access™” Terms and Conditions

NO PURCHASE NECESSARY TO PARTICIPATE.
VOID WHERE RESTRICTED OR PROHIBITED BY LAW.

The ESSENCE Communications, Inc. (“Essence”) “Action for Access” program (the “Program”) offers the opportunity for community service volunteers (“Participants”) to obtain earn two (2) complimentary tickets (collectively, “Ticket Reward”) to an in-person event that will occur between June 3-7, 2021 (“Event Period”) in New Orleans, LA. (collectively, the “ Reward Event”) by participating in a philanthropic/community service project selected through the Program’s mobile web application at www.essence.com/actionforaccess. The Ticket Reward will require completion of one (1) community service activity of approximately three (3) hours in length (“Project”) as applicable. Upon completion of the Project, the Participant shall receive email notification on future instructions on how they will obtain the Ticket Reward. The Ticket Reward shall be for entry into an in-person Reward Event on such date, location, and time during the Event Period, as designated by Essence. There is no purchase or fee required to Essence participate in the Project and/or to earn the Ticket Reward. The Program will begin at 12:00:00 AM EST on 1 May 2021 and will end on the earlier of (i) 11:59:59 PM EST on 21 May 2021 or (ii) once all Ticket Rewards are redeemed (the “Program Period”). The Action for Access platform is the official timekeeper and official record keeper of Ticket Rewards earned by the Participants in connection with the Program.

1. Eligibility: The Program is open ONLY to Action for Access registrants who are BOTH 18 years of age or older and legal residents of the state of Louisiana. Employees of Essence, its affiliates, subsidiaries, advertising, Program, internet agencies, suppliers and any other companies engaged in the development, production, or distribution of materials for this Program and their immediate family members and/or those living in the same household of each are not eligible. All federal, state, municipal, provincial, and local laws and regulations apply. Essence reserves the right to add and/or delete from the localities eligible to participate at its sole discretion.

To participate in the Program and earn a Ticket Reward, Participant must be a registered participant at www.essence.com/actionforaccess. Once Participant has registered, Participant will be offered opportunities to earn a Ticket Reward through participation in the various Projects listed, as available. The number of available Projects are subject to change and dependent upon the number of available Ticket Rewards. Community service activities may vary in hours as well as location, and are constantly updated to reflect availability for selection. Availability to perform community service in connection with the Program is limited and will be issued on a first-come first-serve basis to registered participants. Once all Ticket Rewards have been redeemed, Participants will not be offered Projects to perform in connection with the Program, and the Program shall be closed. Essence reserves the right to change the Projects available at any time for any reason, at its sole discretion.

Participation constitutes Participant’s full and unconditional agreement to these Terms and Conditions, including, without limitation, all eligibility requirements, adherence to COVID-19 Coronavirus Protocol, fulfillment of any necessary procedural efforts required for the Projects, and adherence to Essence’s decisions, which are final and binding in all matters related to the Program. Obtaining a Ticket Reward is contingent upon fulfilling all requirements set forth herein.

Essence may in its sole discretion amend these Terms and Conditions at any time, without notice, and such amendment(s) shall be deemed to have taken effect from the date of publication of the revised Terms and Conditions on the mobile web application.

2. How to Earn a Ticket Reward: Online registration and internet connection required. During the Program Period visit www.essence.com/actionforaccess, log in with Participant’s User ID and password, register for the “Access for Action” Project Participant wishes to do and follow the instructions to sign up for community service volunteering. Following satisfactory completion of the Project, Participant will be able to scan a QR Code at the Project site, which will be saved in Participant’s Action for Access account. Participant will then be able to redeem the QR Code provided for a Ticket Reward. Limit One (1) Ticket Reward per person/email address. If more than one QR Code is redeemed from the same person/email address for a Ticket Reward, and Essence determines, in its sole discretion, that such additional redemptions were made inadvertently, only the first QR Code received will be considered valid.

3. Ticket Reward Recipients: A Participant shall not receive the Ticket Reward until (i) the Participant’s eligibility has been verified (which may include a background check and submission of proof residency), (ii) all requirements for the Project have been fulfilled, and (iii) the Participant has been notified that the acceptance and verification process is complete. Verified Ticket Reward recipients (each a “Verified Recipient”) will be notified via email within 24 hours prior to the Reward Event. A Verified Recipient must acknowledge receipt of the notification and acceptance of the Ticket Reward in the Program’s mobile web application. If a Participant (i) cannot be reached, (ii) does not confirm receipt of notification within specified time frame, (iii) is found to be ineligible, (iv) is found not to have fulfilled the Project requirements, and/or (v) declines to accept the Ticket Reward, the Participant shall be ineligible to receive a Ticket Award in Essence’s sole discretion. In such case, Essence may give the Ticket Reward to an alternate Participant at its election. By registering for the Project, Participant agrees to cooperate fully with any such background check, and to execute and deliver to the Essence or its agents, any and all required authorizations and approvals necessary to conduct said background check. Failure to cooperate will result in disqualification.

Ticket Reward Acceptance Form: As a condition of being awarded any Ticket Reward, Ticket Reward recipients will be required to complete and return to Essence a Ticket Reward Acceptance Form via email as detailed above.

4. Ticket Reward: Each Ticket Reward consists of Two (2) complimentary tickets (i.e., one ticket for the Participant and one for Participant’s guest) to an in-person event that will occur during the Event Period in New Orleans, LA. NO TRANSPORTATION, MEALS OR ACCOMMODATIONS ARE INCLUDED WITH THE TICKET REWARD. All Ticket Rewards are subject to terms and conditions regarding use, as printed thereon, including age restrictions. Ticket delivery options may vary by event; instructions for ticket delivery will be provided to Verified Recipients via email at time of notification.

Ticket Rewards consist of only the items specifically listed as part of the Ticket Reward. Verified Recipients hereby acknowledge and agree that each Ticket Reward is non-transferable and non-saleable, and may only be substituted by Essence in Essence's sole discretion. Ticket Reward cannot be exchanged/substituted for cash. Verified Recipients of a Ticket Reward cannot screenshot, photograph, videorecord or in any way record the experience related to such Ticket Reward for distribution purposes of any kind. Any applicable federal, state, and local taxes/duties on Ticket Reward and any expenses relating to the acceptance/use of Ticket Reward are the sole responsibility of Verified Recipients. Essence is not responsible for any unclaimed, lost, mutilated or stolen Ticket Rewards; nor will said Ticket Rewards be replaced. Essence is not responsible for postponement or cancellation of a Reward Event or issues arising from venue operation and management. In the event a Reward Event is cancelled or postponed for any reason, Essence will have no obligation to award compensation or a substitute event in lieu thereof. In no event will more than one Ticket Reward per Verified Recipient be awarded. Verified Recipients are expected to conduct themselves appropriately while participating in any video chat, if and as applicable. Polite manners and respect for the artists and/or celebrities and adherence to any rules or parameters are a must. Essence and/or any other relevant party reserve the right to remove or deny entry to any Verified Winner and/or their guest should they engage in a disruptive manner, or fail to comply with a Venue’s rules, regulations, and COVID-19 protocol. All details of Ticket Rewards not specified herein shall be determined solely by Essence.

5. General: If a Participant submits more than the allowed number of completed Projects permitted, and/or if the Essence suspects that a Participant attempted to subject additional completed Projects by using multiple email addresses, registrations, identities or any other method, all registrations submitted by the Participant may be declared null and void. Verified Recipients agree to release, discharge and hold harmless Essence, its parent, and each of their respective subsidiaries and affiliated companies, the charitable entities providing Projects for Participants as part of the Program, , and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all liability (including damages caused or claimed to be caused) arising out of participation in the Program and attendance at the Reward Event. Additionally, Participants agree to be bound by the Terms and Conditions and the decision of the Essence, which are binding and final. Claims may not be resolved through any form of class action. Essence is not responsible for any typographical or other error in the printing of the offer, administration of the Program or in the announcement of the Verified Recipients of Ticket Rewards. All third-party names and trademarks are the property of their respective owners.

6. Publicity: Participation in the Program constitutes Participant’s consent for Essence’s and its designees’ use for marketing and promotional purposes, in any type of media without further consideration or payment, Participant’s names, likeness, image, bio,, any written or oral comments or testimonials to, or other feedback on, any Ticket Reward or Participant’s experience, and any user generated content, including, without limitation, audio, photographs and still images, and video content (“Likeness”). For the avoidance of doubt, each Participant hereby grants to Essence and its designees a non-exclusive, non-assignable, non-transferable, royalty-free and sublicensable right and license to use and display the Participant’s Likeness in connection with Essence’s advocacy efforts. Essence shall have the right to use audio recordings, video recordings and/or screenshots of the Ticket Reward experience in connection with Essence’s advocacy efforts.

7. COVID-19 protocol: Participant acknowledges the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. Participant further acknowledge that Essence has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. Participant acknowledges that Essence cannot guarantee that I will not become infected with the COVID-19, and Participant understands that the risk of becoming exposed to and/or infected by the COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, other third parties. Participant acknowledges that he/she voluntarily sought to engage with Essence and further acknowledge that as a result of this engagement he/she increases his/her risk of exposure to the Coronavirus/COVID-19. Participant acknowledges that he/she must comply with all set procedures to reduce the spread while performing the community services for the Projects contemplated hereunder.

Participant attests that they have not traveled internationally within the last 14 days; have not traveled to a highly impacted area within the United States of America within the last 14 days; do not believe they have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19; have not been diagnosed with Coronavirus/ COVID-19 and not yet cleared as non- contagious by state or local public health authorities; agree to follow the safety protocols that have been implemented by Essence including, but not limited to (i) maintaining six (6) feet of distance between myself, fellow co-workers, and patrons of the organization as much as possible, (ii) utilizing surgical masks or improvised masks such as scarves, bandanas, and handkerchiefs, and (iii) routinely washing or sanitizing of hands; agree to leave the premises if asked by Essence personnel should they exhibit any behavior in direct contrast to Essence guidelines and safety measures and/or exhibit signs of having the COVID-19; and agree to notify Essence should Participant contract the Coronavirus/COVID-19 at any time so that health officials can be notified and contact tracing can be performed.

Additionally, Participants and their guest must follow all onsite safety protocol for entry into a Reward Event, including, without limitation, completing a health screening that includes a contactless temperature check upon arrival, as well as a health survey.

Participant hereby releases, covenants not to sue, and agrees to hold Essence, its parent, and each of their respective employees, successors and assigns harmless from, and waive on behalf of Participant, Participant’s heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, and compensation for damage or loss to Participant that may be caused in connection with Participant’s performance of services to Essence, as well as Participant’s attendance at an Reward Event or its designated venue.

To show support of the City of New Orleans and State of Louisiana’s COVID-19 vaccination efforts for its residents, all Verified Ticket Reward Recipients and/or their guest who present to Essence proof of full or partial COVID-19 vaccination at the Reward Event will unlock and receive exclusive Essence offerings (as designated by Essence). The exclusive offerings will be available to those Verified Recipients and guests who have received at least 1 shot of a FDA-approved COVID-19 vaccine, and who can provide proof of their vaccination in the form of either (i) a CDC vaccination card or (ii) a record of vaccination from the healthcare provider who administered the vaccine. Printed COVID-19 vaccination documentation or scanned documentation displayed on a Participant or guest’s mobile device will be accepted. A sticker stating the guest has received a COVID-19 vaccine will not qualify as being the requirements for the exclusive offer.

Please be reminded that choosing to receive a COVID-19 vaccine is a personal decision, and Participants and their guests are advised to consult with their healthcare providers about if the vaccine is right for them.

8. NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Essence is not responsible for faulty, incorrect, or undeliverable e-mail transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the Program, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Program. Essence assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. Essence reserves the right to cancel or modify the Program if fraud, misconduct, or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Essence in its sole discretion. In the event of termination, Essence reserves the right to freeze or close an account or to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Terms and Conditions. Essence reserves the right to cancel, suspend and/or modify the Program if it cannot be executed as planned for any reason or event beyond Essence’s control, including but not limited to a Force Majeure event or occurrence, an “act of God” (e.g., natural disaster, etc.) or an unforeseeable health event (e.g., pandemic) making it inadvisable, impractical, impossible or illegal or which materially affects a parties ability to perform its obligations under this agreement in whole or in part, or if fraud, technical failures, human error or any other causes beyond the reasonable control of the Essence impairs the integrity or proper functioning of the Program, as determined by Essence in its sole discretion.

9. Governing Law and Jurisdiction: Except where prohibited by law, this Program is governed by US law and is subject to all applicable federal, state, and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of Participant and Essence in connection with A Ticket Reward, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Arbitration Section of these Terms and Conditions and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York, County of New York.

10. Limitation of Liability: BY REGISTERING FOR THE PROGRAM, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROJECT AND THE TICKET REWARDS REDEE,ED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES,.

11. Privacy: Essence is committed to maintaining Participant’s trust by protecting personal information we collect about Participant. Information collected from Participants is subject to Essence’s Privacy Policy located at https://www.essence.com/privacy-policy/. By registering and participating in the Program, Participants agree that the Essences may, subject to local data privacy laws, collect and process such Participants’ personal information for purposes of this Program.

12. Action for Access Written Rules: A copy of these Terms and Conditions will be available at www.essence.com/actionforaccess.

13. Essence Contact: Essence Communications, Inc. 34 35th Street, 5th Floor Brooklyn, NY 11232. All Program queries must be directed to the Action for Access Rewards Team at ActionForAccess@essence.com.