January 1, 2012

Official Rules for Activity Book Contest

1. General Conditions. The “Activity Book” Contest (the “Contest”) is a skill-based contest sponsored by Tea Living Inc. Tea Collection, 1 Arkansas St., Studio B, San Francisco, CA 94107 (the “Sponsor” or “Tea”). By entering the Contest, each entrant agrees to abide by the terms of these Official Rules (the “Rules”) and by the decisions of the Sponsor and Judge (as defined below), which shall be made in their sole and absolute discretion and are final and binding on all matters relating to the Contest. The Contest is governed by the laws of the State of California and applicable U.S. federal law, without regard to any conflicts of laws principles. The Contest is void where prohibited by law. The Contest is also governed by the Privacy Policy pertaining to the www.teacollection.com website (the “Sponsor Site”), although the Rules will govern in the event of any conflict between the Privacy Policy and the Rules. 2. Who Can Enter. The Contest is open only to natural persons who, as of the date of entry, are legal residents of the 50 United States (including the District of Columbia), are at least eighteen (18) years old, have Internet access and a Facebook account, and have not won the Contest in the preceding 12 months. Employees, officers and directors of Sponsor, its parents, subsidiaries, affiliates, and their partners (including store owners), suppliers, or advertising, promotion, and fulfillment agencies are not eligible to enter or win, nor are their immediate family members or members of their household. “Immediate family members” means parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. “Household members” means those people who share the same residence at least three months a year. 3. How To Enter: Submit a photo of your child’s artwork by email to blog@teacollection.com 4. Conditions of Entry: An entry consists of one (1) submitted photo (the “Submission”). The entrant must either be the parent or guardian of the child depicted in the Submission or have obtained permission from the child’s parent or guardian to submit the Submission. By entering the Contest, you authorize Sponsor to use and publish the Submission in connection with the administration and promotion of the Contest. Submissions must be original and must not contain any material that is degrading, defamatory, fraudulent, obscene, indecent or otherwise objectionable, or that infringes the legal rights of any third party. The entry must be received by the Deadline for that entry to be valid. Proof of submission is not proof of the Sponsor’s receipt and the Sponsor’s designated computer is the only valid official time-keeping device for the Contest. Entries without all of the required information will be disqualified. In addition, the Sponsor will have no responsibility for, and will have the right to refuse and/or disqualify, in its sole and complete discretion, any entries that do not comply with these Official Rules, any entries that have been tampered with, and any entries that are late, lost, illegible, inaccurate, misdirected, non-conforming, corrupt, or otherwise incomplete, whether due to Internet or email server failure, failure of the store staff to transmit them, or otherwise. Upon submission, all entries become the sole property of the Sponsor and will not be acknowledged or returned. Any attempt at or form of entry other than as expressly specified in these rules (including but not limited to automated, copied, third-party or mechanically reproduced entries) is strictly prohibited and will result in disqualification. Sponsor will be collecting personal data about participants when they register and enter the Contest, and may share that personal data with prize suppliers, fulfillment providers, and other entities involved in the administration of the Contest. By participating in the Contest, you agree to all of the terms and conditions of the Privacy Policy. It is the entrant’s responsibility to inform the Sponsor if the entrant’s contact information changes after the entry is submitted. 5. Selection of Winners: One (1) winner will be selected each month. The Judge will give each Submission up to 10 points for each of the following three criteria, for a maximum possible total of 30 points: (a) creativity; (b) composition; and (c) how well the Submission embodies the spirit of tea. The Submission with the highest total score will be that month’s winner. 7. Prize Terms: All prize values are stated in United States dollars. If a stated prize is unavailable, Sponsor has the right to substitute one or more items of equal or greater value, in its sole and absolute discretion. No prize is exchangeable, transferrable, or redeemable for cash. The winner will be solely responsible for complying with any and all applicable federal, state, provincial, local or other statutes, regulations, and other laws and for bearing any personal income, VAT, withholding taxes, customs duties, or other taxes, fees, insurance, surcharges or other costs relating to any prize. Gift cards may be subject to dormancy fees, state unclaimed property laws, and may not be valid for all goods or services or in all locations. Items purchased with gift cards will be subject to Sponsor’s return and other policies. THE PRIZE(S), AND ANY ITEMS PURCHASED WITH THE PRIZES, ARE PROVIDED “AS IS.” SPONSOR DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY PRIZE OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. 8. Winner Notification: The monthly winners will be selected on or about the seventh (7th) day after the Deadline. Winners will be notified by email within fourteen (14) days of selection and are required to sign and return, if requested by Sponsor, an affidavit of eligibility and/or publicity and/or liability release form, to the extent not prohibited by law, prior to receipt of a prize. Winners must take possession of prizes as directed by Sponsor. Winners may be required to provide Sponsor with their social security or taxpayer identification number for tax purposes. Winners may also be required to provide Sponsor with proof that they are the Authorized Account Holder of the email address associated with the winning entry. An “Authorized Account Holder” is the natural person who is assigned to an email address by an Internet access provider or other organization responsible for assigning email addresses to the domain associated with the email address. In the event of a dispute, an entry will be deemed to have been submitted by the Authorized Account Holder of the email address submitted at the time of entry. Failure to respond to the winner announcement or return any required declarations or releases within seven (7) days (or any longer time specified by Sponsor in its sole discretion) or to comply with any of the foregoing, may result in disqualification and the selection of an alternate winner. 9. Representations: By entering the Contest, each entrant represents and warrants that: (a) the entrant meets all eligibility requirements of the Contest; (b) in entering and participating in the Contest, the entrant has complied with and will comply in all respects with these Rules and all applicable statutes, regulations and other laws; and (c) the information provided in the entrant’s entry, including without limitation all contact information and all information about the identity of the person who took the Photo that is part of the Submission, is true, accurate and complete in all respects. Each entrant further represents and warrants that (x) the entrant took the photo and owns all rights in and to it, (y) the photo is an original work of authorship, has not been copied, in whole or in part, from any other work, and does not violate any legal right of any third party, and (z) the entrant is the parent or legal guardian of the child depicted in the photo, or has received permission from the child’s parent or legal guardian to submit the photo. 10. Release: To the maximum extent permitted by law, by entering the Contest, each entrant releases and holds harmless the Sponsor, the prize manufacturers or suppliers, any other individuals or entities involved in the administration of the Contest, each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and representatives (the “Sponsor Parties”) from any and all responsibility, liability, damages (including without limitation direct, indirect, incidental, consequential, punitive, statutory and other damages), losses, costs, or expenses of any kind arising out of or relating to: (a) the Contest and participation in the Contest by the entrant and the child depicted in the photo; (b) any violation by the entrant of these Rules or applicable laws; (c) the acceptance, possession, receipt, or use of any prize or any item purchased with any prize; (d) any entries that have been tampered with or that are misdirected, incomplete, non-conforming, corrupt, lost, late, or ineligible; (e) any problems or technical malfunctions (including but not limited to errors, omissions, interruptions, deletions, defects, or delays in operation or transmission) of any computer, telephone, modem, cable, satellite, network, hardware, online system, server, software, or other equipment or provider, including any incorrect, incomplete, garbled or jumbled information resulting therefrom; (f) any Internet traffic congestion or website accessibility or delays; (g) printing or typographical errors in any Contest-related materials; or (h) any other technical or human error that may occur in connection with the Contest (the “Causes”). If anyone makes any claim against any of the Sponsor Parties arising out of or relating to any of the Causes attributable to the entrant, the entrant will pay for any damages, losses, liabilities, costs, penalties, and expenses, including without limitation attorneys’ and experts’ fees and costs, incurred in connection with such claim. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SPONSOR PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTEST, HOWSOEVER CAUSED, WHETHER ARISING IN STATUTE, TORT, CONTRACT, OR OTHER LEGAL THEORY, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. 11. Termination: The Sponsor reserves the right to suspend, modify or terminate the Contest at any time and for any reason in its sole discretion, including without limitation in the event of fraud, abuse, tampering, or technical, administrative, financial or other difficulties. In such cases, Sponsor will post notice on the Contest page of the Sponsor Site. Should the Contest terminate prior to selection of a winner, Sponsor will announce an alternate means of awarding the prize on the Contest page of the Sponsor Site. 12. Grant of Rights to Sponsor. All Submissions (including photos) and related entry materials become the property of Sponsor and will not be returned to the entrant. To the maximum extent permitted by law, by entering the Contest, each entrant irrevocably and perpetually consents, on behalf of the entrant and the child depicted in the entry, to use by the Sponsor (or any third party chosen by the Sponsor) of the photo and of any and all information, photos, drawings, text or other material contained in an entry or otherwise provided by such entrant related to the Contest (including any personal information obtained through the Contest), in connection with the administration and promotion of the Contest and for other purposes not prohibited by law. To the maximum extent permitted by law, by accepting a prize, the winner consents to the print and online publication of his or her name, address and winning entry as part of a winners’ list and to use of his or her winning entry and name, by Sponsor or any third party third party chosen by Sponsor in connection with promoting the Contest. Other than as set forth herein, Sponsor will treat any personal information supplied by entrants in connection with the Contest in accordance with the Privacy Policy. 13. Miscellaneous: Any dispute between Sponsor and an entrant arising out of or relating to these Rules, the Contest, or any prize must be brought exclusively in the state or federal courts located in the City and County of San Francisco, California and must be brought individually, without resort to any form of class action. By entering the Contest, each entrant submits to the jurisdiction of those courts and waives any objection to those courts, whether on the basis of jurisdiction, venue, inconvenience of the forum, or otherwise. If any part of these Rules is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such part will be modified by such court to the minimum extent necessary to make it enforceable while preserving to the maximum extent possible the original intent of Sponsor, and the remaining parts of these Rules will remain in full force and effect. Nothing contained herein or in any of the Contest related materials should be construed as an endorsement by Sponsor of any third party, product or service. 14. Sponsor: Tea, 1 Arkansas St, Suite B, San Francisco, CA 94107; 415-621-9400. Facebook is not a sponsor of or participant in this Contest. 15. For Winners’ Names: Winners’ names will be posted on Sponsor’s Facebook page at www.facebook.com/teacollection and are available on or about the 5th day of the month. For a list of winners’ names for a particular month, send a self-addressed, stamped envelope to: Tea, attn: Activity Book Contest Winners, 1 Arkansas St, Suite B, San Francisco, CA 94107, and specify which month’s winner’s list you want to receive. Requests for a winner’s list must be received within six (6) months after the Deadline for that month’s Contest.