Laurel & Wolf Giveaway (the “Promotion”)
- OFFICIAL RULES (the “Rules”)
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
The Promotion is a sweepstakes promotion/free prize draw offered by Beautycounter Inc. (the “Sponsor”). These Rules govern the Promotion and they constitute an agreement between Sponsor and any person who acts to enter or participate in the Promotion or otherwise assents to these Rules (“you,” “your,” etc.). Such action or other assent constitutes your agreement to these Rules.
Participation in the Promotion is open only to persons who at the time of entering (a) have reached the legal age of majority where they reside and (b) are legal residents of (i) Canada, but excluding Quebec, and (ii) the United States (including the District of Columbia, but excluding Rhode Island). Employees of Sponsor or its Affiliates (defined below), advertising agencies or promotional agencies, however, are not eligible to participate in the Promotion; nor are any immediate family members (mother, father, brother, sister, son, daughter, or spouse) of any such employee nor any person residing in the same household as any such employee. The Promotion is subject to all applicable laws and regulations. Notwithstanding any other terms of these Rules, this Promotion is VOID WHERE PROHIBITED BY LAW.
2. HOW TO ENTER
The Promotion will begin at 6:00 a.m. Pacific Time (“PT”) on February 8, 2017 and ends at 11:59 p.m. PT on February 8, 2017 (the “Promotion Period”). To enter, visit www.Facebook.com/BeautycounterHQ, and publicly “share” Beautycounter’s Facebook post promoting the Laurel & Wolf professional interior design services + Beautycounter Baby Collection giveaway. All entries must be received by 11:59 p.m. PT on February 8, 2017.
In its discretion, Sponsor may disqualify any entry (in whole or in part) that Sponsor determines, in its sole discretion, was obtained or submitted through unauthorized means or sources, is not original, is illegible, mutilated, altered, reproduced, stolen, forged, counterfeited, irregular, or is non-compliant with these Rules.
Costs associated with entering the Promotion (if any) are the your responsibility and are dependent on the internet service provider, telecommunications provider or other third party used to enter the Promotion.
There are four (4) prizes available to be won (the “Prize”), which shall consist of one (1) Laurel & Wolf professional interior design services (USD $149), (1) Beautycounter Diaper Bag ($98 value), (1) New Baby Diaper Rash Cream ($18 value), (1) Baby Bundle Collection ($54 value) per winner from Sponsor’s online store located at www.beautycounter.com.
FOR US ENTRANTS ONLY: THE ODDS OF WINNING ARE DEPENDENT UPON THE TOTAL NUMBER OF ENTRIES TIMELY RECEIVED. For instance, if there were one thousand (1,000) entries received prior to the end of the Promotion Period, the odds of winning the drawing would be one chance in one thousand. This could vary if entries were disqualified.
The total retail value of the Prize is USD $319. For the purpose of determination of the Prize’s value (or any part thereof), the determination of Sponsor will be final and binding. The right to the Prize (or any part thereof) is not transferable by the winner. The Prize (or any part thereof) must be accepted as awarded with no substitutions (in cash, in kind, or otherwise) except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize (or any part thereof) for an item (including cash) of equivalent or greater value if for any reason, in Sponsor’s discretion, the Prize (or any part thereof) cannot, or without hardship cannot, be awarded as described in these Rules. No responsibility or liability is accepted for any variation in the value of the Prize. Any and all taxes (including, without limitation, income taxes) and other costs and expenses arising from or relating to the Prize (or any substitution) or its delivery (including shipping and related taxes, tariffs and duties), transfer, receipt, acceptance, possession, use or disposition is solely the responsibility of the Prize winner.
4. SELECTION AND NOTIFICATION OF WINNER; ODDS OF WINNING
One (1) Prize winner will be selected by random drawing (the “Drawing”) from all valid Promotion entries the Sponsor timely receives by 11:59 pm PT on February 8, 2017. The Drawing will be conducted from the offices of Sponsor (or from such other location Sponsor designates) on or around 10:00 a.m. PT on February 9, 2017 from among all eligible entries. By participating, entrants agree to be bound by the Rules and the decisions of the judges, which shall be final and binding in all respects.
The Sponsor reserves the right to require the selected entrant to sign and deliver to Sponsor’s satisfaction a waiver, release and confirmation of eligibility under and compliance with these Rules. The Sponsor or its designee will attempt to contact the selected entrant by posting the selected entrant’s name on Sponsor’s site located at https://blog.beautycounter.com/laurel-and-wolf-contest-winners-2017 for at least a seven (7) day period from the date Sponsor first posts the selected entrant’s name on its site, and twice over such seven (7) day period via the email address provided by such selected entrant. If the selected entrant cannot be contacted after seven (7) days from the date Sponsor first posts the selected entrant’s name on its site located at https://blog.beautycounter.com/laurel-and-wolf-contest-winners-2017 and first emails the selected entrant, or if the Prize notification is returned or reported as undeliverable, or if the selected entrant (whether or not contacted) is deemed to be ineligible or disqualified (which shall be in the Sponsor’s sole discretion), or if the selected entrant fails to, is unable to or is unwilling to comply with these Rules, or if the selected entrant fails to, is unable to or is unwilling within fourteen (14) days to sign and deliver to Sponsor’s satisfaction a waiver, release and confirmation of eligibility under and compliance with these Rules, then the selected entrant forfeits all rights to win the Promotion or receive the Prize and will be deemed disqualified. In such case another entry will be drawn for the Prize. This process may be repeated until the Prize has been awarded and delivered, upon which event the selected entrant will be declared the winner of the Promotion. All findings, determinations and decisions of the Sponsor or its designees may be made in the Sponsor’s or its designee’s sole discretion and are final and binding in all matters relating to this Promotion and in all respects.
For Canadian Residents Only:
Before being declared a winner, a selected entrant who is a resident of Canada must first correctly answer, without assistance, whether mechanical or otherwise, a time-limited mathematical skill testing question to be administered at a time mutually convenient for the selected entrant and Sponsor.
5. RELEASE AND CONSENT; LICENSE
By participating in this Promotion, each entrant agrees to release Sponsor and the other Released Parties from any and all liability, claims, injuries, losses, harm or damages of any kind caused by, resulting from or otherwise arising in connection with this Promotion, participation in this Promotion, the operation, administration, change or cancellation of the Promotion or any acceptance, use, misuse or consequence of the Prize (or any part thereof). As used in these Rules, “Released Party(ies)” means and includes, Sponsor and its Affiliates, Sponsor’s marketing partners, suppliers and advertising and/or promotion agencies, any person or entity providing, supplying, fulfilling, delivering or honoring the Prize, any of the contractors, licensors or suppliers of any of the foregoing, any of the Affiliates of any of the foregoing and any of the directors, officers, employees, agents or representatives of any of the foregoing. Any recourse you have regarding any such liability, claims, injuries, losses, harm or damages is limited solely and exclusively to the Sponsor and not to any other Released Party nor to any other person or entity. For purposes of these Rules, an “Affiliate” of an entity, association, business or other specified person is an entity, association, business or person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such specified entity, association, business or person.
In addition to Sponsor, any Released Party may enforce any provision of these Rules that specifically addresses a Released Party and, according to its express terms, represents an actual or potential protection or benefit for the Released Party.
Except where prohibited by law, by entering the Promotion, you hereby consent to Sponsor’s and its designees’ and their respective Affiliates’ publication, broadcast, website posting and other dissemination and use of your Video, picture, name, address, voice, likeness and/or statements for legal, information, editorial, promotional, advertising and/or publicity purposes in any media, worldwide, without limit and without further compensation.
6. DISCLAIMERS AND NOTICES
To the extent permitted by law (including but not limited to the laws of the United States and Canada, Sponsor is not responsible for (i) entries that (for whatever reason and whoever’s fault – unless done fraudulently by Sponsor) are incomplete, lost, damaged, destroyed or unintelligible; (ii) telephone, technical, network, online, electronic, computer hardware or software failures of any kind; (iii) incomplete, garbled or delayed Internet/e-mail computer transmissions on account of operator error, technical problems, traffic congestion on the Internet, congestion or problems regarding any Web site, or any combination thereof; (iv) any condition caused by events beyond Sponsor’s control which disrupts or interferes with the Promotion; or (v) any injury, loss, damage or liability of any kind arising out of or relating to your participation in the Promotion or the delivery, transfer, receipt, acceptance, possession, use or disposition of the Prize (or any substitution), including without limitation any injury, loss, or damage to your or any other person’s computer or property relating to or resulting from participation in, or downloading or viewing any materials in connection with, this Promotion.
Sponsor reserves the right at its sole discretion (i) to modify, postpone, defer or cancel the Promotion at any time and with or without notice, (ii) to disqualify any individual that tampers or attempts to tamper with the entry process, violates these Rules, or acts in an inappropriate or disruptive manner, or with intent to annoy, abuse, threaten or harass any person, or (iii) to verify the validity of entries and your identity, age and place of residence.
SPONSOR MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH REGARD TO THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE PRIZE (OR ANY SUBSTITUTION) OR ANY COMPONENT OF THE PRIZE (OR ANY SUBSTITUTION). ANY ATTEMPT BY YOU OR ANY PERSON TO DELIBERATELY DAMAGE A WEBSITE OR PROMOTION-RELATED MECHANISM OR PROCESS OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Any and all claims, judgments, and awards shall, in addition to any limits and exclusions provided for elsewhere in these Rules, be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or litigation, arbitration or mediation costs or expenses of any kind. TO THE EXTENT PERMITTED BY LAW (INCLUDING BUT NOT LIMITED TO THE LAWS OF THE UNITED STATES, CANADA, AND THE LAWS OF ENGLAND AND WALES), UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY DAMAGES THAT IN THE AGGREGATE (REGARDLESS OF THE NUMBER OF CLAIMS OR CLAIMANTS, AND REGARDLESS OF THE TIMING OF CLAIMS) EXCEED $500, NOR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY REGARDLESS OF THE BASIS OF, OR THEORY OF RELIEF REGARDING, ANY CLAIM OR ACTION (INCLUDING, WITHOUT LIMITATION, ANY FORM OF NEGLIGENCE OR STATUTORY OR REGULATORY VIOLATION) AND REGARDLESS OF WHETHER SPONSOR OR ANY OTHER RELEASED PARTY WAS AWARE OR NOTIFIED OF THE HARM, DAMAGE OR LOSS SUFFERED OR ALLEGED.
The protections and benefits of this Section 6 shall be construed as also applying for the protection and benefit not only of Sponsor but of all Released Parties as well.
7. APPLICABLE LAW AND VENUE
This Promotion is subject to all applicable laws and regulations. However, all issues, allegations, claims, actions or disputes concerning compliance or non compliance with these Rules or the construction, validity, interpretation, enforceability or breach of these Official Rules (collectively, “Rules-Related Disputes”), shall be governed by: (i) the laws of the State of California (excluding conflicts of laws rules) for all entries originating from the United States or Canada, or (ii) the laws of England and Wales for all entries originating from the United Kingdom. All Rules Disputes and all other claims, actions and disputes arising out of or connected with this Promotion or the Rules will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles County, California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.
8. WINNERS LIST
The identity of the winners will be published approximately one (1) day after the winners have been finally declared and the Prizes (or any part thereof) have been finally awarded. Such publication will be posted to the following Web site: https://blog.beautycounter.com/laurel-and-wolf-contest-winners-2017, or such other Web location of Sponsor’s as may be deemed appropriate by Sponsor, and shall remain on such website for at least one (1) month. For the name of the Prize winners, you may also send a request to firstname.lastname@example.org or send a self-addressed, stamped envelope to: Beautycounter Inc. – ATTENTION: Marketing Department, 2803 Colorado Avenue
Santa Monica, CA 90404. Such requests must be received no later than ninety (90) days after the Promotion is closed to further entries.
All entries, submissions, information, materials and content, and any prize claims, become the property of Sponsor upon submission or delivery and will not be returned. Upon submission, Sponsor will own all right, title and interest in and to entries, submissions, information, materials and content, and any Prize claims, in perpetuity and throughout the universe and in all media and forms of expression and communication now known or hereafter developed. Sponsor solely and these Rules constitute the full and exclusive agreement relating to the Promotion. In the event of any conflict between these Rules and any statement, document or communication relating to the Promotion, these Rules shall prevail.
2803 Colorado Avenue
Santa Monica, CA 90404
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