Terms and Conditions for Emilia Giveaway
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE or payment WILL NOT INCREASE AN ENTRANT’s CHANCES OF WINNING.
The BeautyBio Emilia Fridge Giveaway Contest (“Contest”) is sponsored by Beauty Biosciences, LLC, 3811 Turtle Creek Blvd. Suite 1300 Dallas, TX 75219 (“Sponsor”).
• CONTEST PERIOD: The Contest begins on April 27, 2020, at 6:00:00 P.M.. Central Time (“CT”) and ends on May 29, 2020, at 11:59:59 P.M. CT (“Contest Period”). Sponsor’s computer is the official clock of the Contest.
• ELIGIBILITY: This Contest is offered only to legal residents of the fifty (50) U.S. States and the District of Columbia who are eighteen (18) years and older at the time of entry (19 years and older in Nebraska and Alabama). Employees of Sponsor, independent third-party Contest administrator (“Administrator”), and each of their respective parent companies, subsidiaries and affiliates, distributors, and companies involved in the implementation and execution of the Contest (“Contest Entities”) and each of their respective immediate family members (i.e., spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Contest. Void where prohibited or restricted by law. By participating in this Contest, an individual who meets the eligibility requirements, and enters the Contest, agrees to be bound by these official rules (“Official Rules”) and that the decisions of the Sponsor shall be final and binding in all matters pertaining to the Contest. Each entrant may be required to furnish proof of identification and other proof of eligibility under these Official Rules.
• HOW TO ENTER THE CONTEST: During the Contest Period, Sponsor will post a photo on its Instagram page at https://www.instagram.com/beautybio/ (“BeautyBio Page”) inviting entrants to enter the Contest (“Invitation Photo”). To submit an entry, an eligible entrant must access the BeautyBio and Cooluli pages though the Instagram mobile app and do ALL of the following (“Required Elements”): (1) follow the BeautyBio Page; (2) follow the Cooluli page (3) “like” the Invitation Photo (4) tag 5 friends. Entrants can have “liked” the BeautyBio Page and/or Cooluli Page prior to the Contest Period. Eligible entrants who have completed all of the Required Elements will receive one entry into the Contest (“Entry”).
Entry requires a public Instagram account and the Instagram mobile app. If an entrant does not have an Instagram account, an account can be created for free at www.instagram.com or through the Instagram mobile app. Instagram is not affiliated with this Contest. All inquiries should be directed to Sponsor. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.
NOTE: Since entrant must participate in the Contest using his or her mobile device, message and data rates may apply. Entrants should consult their wireless providers’ pricing plans.
Automated Entries are prohibited, and any use of automated devices will cause disqualification.
Entrants may not enter with multiple Instagram accounts nor may entrants use any other device or artifice to enter multiple times or as multiple registrants. Any entrant who attempts to enter with multiple Instagram accounts under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's discretion. Sponsor reserves the right to waive any rule in its sole discretion.
• WINNER SELECTION: Two (2) winners will be selected each week from among all eligible Entries received. The selection will be conducted by the Sponsor, whose decision is final in all matters. Odds of winning depend on the number of eligible Entries received. Winners are deemed to be potential winners pending verification of their eligibility and compliance with these Official Rules as determined by the Sponsor, at Sponsor’s sole discretion.
• PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Each of the ten (10) verified winners will receive one (1) BeautyBio Emilia Refrigerator stocked with a selection of Sponsor’s products, chosen at Sponsor’s discretion (“Prize”). Approximate retail value (“ARV”) of each Prize is $800 and the total ARV of all Prizes is $19,200. Prizes are non-transferable and non-assignable. No substitution, exchange or cash equivalent will be allowed, except at Sponsor’s sole discretion. Each winner is solely responsible for all costs and expenses associated with the Prize not stated in these Official Rules. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept a Prize or does not properly redeem a Prize, the Prize may be forfeited at Sponsor’s sole discretion.
• HOW TO CLAIM A PRIZE: On or about each Friday during the Contest Period, the Sponsor will notify the potential winners by announcing their handle via Instagram Live with instructions on how to claim their Prize. Potential winners will be required to respond with any requested information, including, but not limited to, first and last name (no initials), complete mailing address (no PO Boxes), email address, and phone number, within fourteen (14) days of attempted notification of Prize may be forfeited. If a potential winner fails to provide the information requested by the date and time stated in the prize notification, the potential winner may be disqualified. In the event any notification is returned as undeliverable, or if a potential winner does not comply with these Official Rules, he or she will be disqualified at Sponsors’ or Sponsor’s designee’s sole discretion. Approximately four (4) to eight (8) weeks after a winner is confirmed, winner will receive the Prize at the address provided by winner. If the Prize is forfeited for any reason, an alternate potential winner may be selected from all remaining non-winning Entries received during the Contest Period as set forth in Section 5.
Winners may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within 14 days of attempted notification or prize may be forfeited.
If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, the Prize will not be re-awarded. ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF EACH WINNER.
• LIMITATION OF LIABILITY: By participating in this Contest, entrants agree the Contest Entities, their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents, and Instagram (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website or any Contest-related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Contest and/or accepting a Prize. Released Parties shall not be responsible or liable for Entries entered by any automated computer, program, mechanism or device; for any Entries in excess of the stated limit; or for Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such Entries will, at Sponsor’s sole discretion, be disqualified.
If, for any reason, an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an Entry in the Contest, entrant’s sole remedy is to enter the Contest again to receive another Entry. If for any reason, the Contest is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of Winners in a manner it deems fair and reasonable. This Contest is subject to all federal, state, and local laws and regulations.
By entering the Contest, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of the Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, and the entrant’s Entries, participation or inability to participate in the Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Contest materials; (d) acceptance, receipt, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (e) change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Contest; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission Entry (including, without limitation, registration information or any parts thereof); (i) any technical malfunctions or unavailability of the BeautyBio or Jamie O’Banion or Daniel Nicole Page, Invitation Photo, Instagram mobile app, or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant; and (j) interruption or inability to access the Contest, the Website or any other Contest-related websites or any online service via the Internet due to hardware or software compatibility problems.
Without limiting the foregoing, everything regarding this Contest, including the BeautyBio and Jamie O’Banion Pages and Prize components, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, therefore some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
• DISPUTES: This Contest is governed by, and will be construed in accordance with, the laws of the state of Texas, and the forum and venue for any dispute shall be in Dallas County, Texas. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its arbitration rules and procedures or subsequent versions thereof (“AAA Rules”). The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Texas. All proceedings brought pursuant to this paragraph will be conducted in Dallas County, Texas. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential or incidental damages or have damages multiplied or otherwise increased, including attorneys’ fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. Entrants agree that the rights and obligations of any entrant and/or Contest Entities and/or any other party shall be resolved individually, without resort to any form of class action. Any demand for arbitration must be filed within one (1) year of the time the cause of action occurred, or the cause of action shall be forever barred.
• PUBLICITY RIGHTS: By participating in the Contest and/or accepting a Prize, each entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his or her name, biographical information, video, photos and/or likeness, and statements for Contest, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including live television and advertising, worldwide, including but not limited to on the World Wide Web and the Internet, without notice, review or approval and without additional compensation except where prohibited by law.
• GENERAL: Any attempted form of participation in this Contest other than as described herein is void. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Contest may void any attempted participation affected by such methods and the disqualification of the individual utilizing the same. In the event of any conflict with any Contest details contained in these Official Rules, and Contest details contained in any Contest promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Contest as set forth in these Official Rules shall prevail.
ABBREVIATED RULES for online Ads—Banner
NO PURCH. NECESSARY. Enter by 11/28/2019. Rules:
Abbreviated Terms for Contest (where you advertise or promote the contest and the rules are not available)
NO PURCHASE NECESSARY. Open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older (19 in AL and NE). Void elsewhere and where prohibited. Contest begins on 4/27/2019 at 6:00:00pm CST and ends at 11:59:59 PM CT on 05/29/2020. See official rules at https://beautybio.com/pages/terms-and-conditions-for-giveaway. Odds of winning depend on the number of eligible entries received. Sponsored by Beauty Biosciences, LLC, 3811 Turtle Creek Blvd. Suite 1300 Dallas, TX 75219.