THE NEWBEAUTY BEAUTY CHOICE AWARDS BOX GIVEAWAY
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. SUBJECT TO APPLICABLE LAW, AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ENTRY VIA ORDER OR MAIL IN SUBMISSION.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE GIVEAWAY, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE GIVEAWAY ENTITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. The NewBeauty Beauty Choice Awards Box Giveaway (the "Giveaway") is open only to U.S. citizens and legal residents who are physically located in one
(1) of the fifty (50) United States or the District of Columbia, and who are at least eighteen (18) years of age at the time of entry ("Entrant"). Revision Skincare ("Sponsor") and each of its respective parent companies, affiliates, subsidiaries, advertising and promotion agencies and other prize suppliers (collectively, the "Giveaway Entities"), and each of such employees', officers' and directors' immediate family members and/or those living in the same household (whether legally related or not) is not eligible to enter the Giveaway or win a prize. Void where prohibited by law. By participating in the Giveaway, each Entrant unconditionally accepts and agrees to comply with and abide by these "Official Rules" and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
2. Entry Period. The Giveaway begins at or about 12:01 a.m. Central Time ("CT') on July 1, 2018, and all entries must be received on or before 11:59 p.m. CT on July 31, 2018 (the "Entry Period"). Notice will be given by email.
3. How to Enter. NO PURCHASE NECESSARY TO ENTER OR WIN. To participate and enter this Giveaway, eligible Entrants must submit their first and last name, along with an email address via Sponsor's online entry form during the Entry Period.
There is a limit of one (1) entry for this Giveaway per person for the entire Entry Period.
All entries become the property of Sponsor and will not be acknowledged or returned.
Sponsor may run multiple campaigns, contests, giveaway or other promotions simultaneously. Entry into one (1) campaign, contest or giveaway does not constitute entry into any other.
Submissions to the Giveaway that do not meet the following "Content Guidelines" are subject to disqualification, at Sponsor's sole and absolute discretion. Submissions must comply with the Official Rules and the terms of service, privacy notice and/or other applicable rules set forth above (as applicable to an Entrant's entry) and meet all specifications or requirements called for in the advertising for the Giveaway. Each submission should not reveal any personal information about another individual, including another person's address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual.
4. Intellectual Property. To the extent applicable to this Giveaway, Entrants, upon submission of their entry to the Giveaway, hereby irrevocably grant to Sponsor, and each of its licensees, successors and assigns, a non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit as part of the Giveaway, all images, text and materials depicted therein or resulting therefrom, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to Entrants except for the awarding of the prizes in this Giveaway. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all of Sponsor's rights hereunder and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the attendance and awards as part of the Giveaway, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called "moral rights" and "droit moraf' now or hereafter recognized as a condition of participating in the Giveaway and/or being selected as a winner. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations.
Each Entrant acknowledges that he or she will not be entitled to any compensation or right to negotiate with the Giveaway Entities because of an award. Notwithstanding any custom and practice to pay an individual rather than distribute a prize (if any), nothing herein shall create an implied or express contract to compensate Entrants for their submissions and there is no obligation for any Giveaway Entity to pay or otherwise compensate Entrants for any award, whatsoever. The decisions of the Sponsor are final and binding in all matters relating to this Giveaway, including interpretation and application of these Official Rules. Each Entrant, by participating in the Giveaway, except where legally prohibited, grants permission for Sponsor and its designees to use his or her name, email, and prize information for marketing, advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval, and on and in connection with all of Sponsor's related products, services, advertising and promotional materials (now known or hereafter developed). Entrants agree not to issue any publicity concerning the Giveaway Entities. Sponsor reserves the right to request from Entrant at any time proof of the rights required herein in a form acceptable to Sponsor. Failure to provide such documentation may lead to, among other things, the Entrant being disqualified from the Giveaway. Entrants have the opportunity to opt-out of the use of their name and email address for marketing and promotional use under Section 5 below.
5. Opt-Out. Notwithstanding the provisions of Section 4 above, Entrants may choose to opt out of the license granted herein by notifying the Sponsor in writing during the Entry Period. If an Entrant so chooses, he or she will not be penalized in any way and their decision to opt out shall not disqualify them from, or hurt their chances of winning, this Giveaway.
6. Representations, Warranties and Indemnity. Each Entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Each Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he or she has not previously granted, assigned or otherwise hypothecated his or her submission or any images, text and materials depicted therein to any other third party. Entrants agree to indemnify and hold the Released Parties (defined below) harmless from and against any third party claim, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules or Giveaway activities.
7. Selection of Winners and Prize Claiming. There will be one (I) winner selected in this Giveaway. The potential winner will be selected through a random drawing and announced on .The entries that will be included in the drawing will be determined by the Sponsor and pursuant to these Official Rules. All such entries will be pooled together and the potential winner will be selected at random from among all valid entries to the Giveaway received during the Entry Period. The potential winner will be notified as described below within a commercially reasonable time after the drawing. The potential winner will be contacted by Sponsor at the Entrant's provided email address. Notification is deemed to have occurred immediately upon transmission of the email message. Such notification will request a physical address of the winner for which Sponsor may send the prize too. The potential winner is responsible for responding with their physical address within seven (7) days after notification. The Giveaway Entities are not responsible for failure of a potential winner to contact Sponsor after being notified that he or she is a potential winner. Sponsor will have complete discretion over the selection of the winner, and decisions of the Sponsor as to the selection of the winner will be final.
If a potential prize winner is found to be ineligible, has not complied with these Official Rules, or declines the prize for any reason prior to receiving the award, such potential winner may be disqualified and an alternate potential winner may be selected. The Giveaway Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner. Non-winning entries will not carry forward to, or be included in any subsequent giveaway or prize drawings of Sponsor.
8. Odds. Odds of winning will depend upon the total number of eligible entries received.
9. Prizes and Values. The one (1) grand prize winner of this Giveaway will receive: one (1) The Revision Ritual Trial Regimen Set, with an approximate retail value ("ARV") of
Sponsor is not responsible for, and a winner will not receive the difference, if any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Giveaway-related correspondence or material. The prize is non-transferable, with no cash redemptions, equivalents or substitutions, except at Sponsor's sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor's sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the winner with his or her prize, the Sponsor may elect to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prizes are awarded "AS IS" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize he or she receives, regardless of whether the prize, in whole or in part, is used. The ARV of the prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winner may be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners for the actual value of the prizes received. Unclaimed prizes will be forfeited. The prize must be legitimately claimed in order to be awarded. The prize will only be mailed via UPS to the verified winner's physical mailing address (no P.O. Boxes) in one (1) of the fifty (50) United States or the District of Columbia, and subject to Sponsor's sole and absolute discretion. Sponsor is not responsible for and will not replace any lost,
mutilated or stolen prizes or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated number of prizes will be awarded. Each winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize. The total ARV of all of the prizes awarded in this Giveaway is: $275.00.
1O. Tampering with Giveaway. The Giveaway Entities are not responsible for the actions of Entrants in connection with the Giveaway, including Entrants' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Giveaway. Additionally, any attempt to cheat the Giveaway, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future giveaway. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE EMAIL SERVICE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON
TO THE FULLEST EXTENT PERMITTED BY LAW. If the Giveaway is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on the site(s) where these Official Rules have been posted.
11. Suspension/Modification/Termination. In the event Sponsor is prevented from continuing with the Giveaway by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Giveaway by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Giveaway or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Giveaway should causes beyond Sponsor's control corrupt or interfere with the administration, integrity, operation, security or proper play of the Giveaway; or (b) to disqualify (or terminate the prize ot) any Entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Giveaway; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person.
12. Waivers. Disclaimers and Releases. By participating in the Giveaway, Entrants agree to release, discharge and hold harmless the requisite Internet Service Provider, Giveaway Entities, and each of their respective directors, officers, employees, agents, successors and assigns ("Released Parties") from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrants' participation in the Giveaway and/or related to any prize (including, without limitation, losses, damages or injuries to Entrant's or any other person·s equipment or other property, or to their persons, related to participation in the Giveaway; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Giveaway activity and/or prize). Without limiting the generality of the foregoing, Entrants agree that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Giveaway and/or with respect to prizes, including, without limitation, to any prize's quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations ("Suppliers") as a part of the prizes provided in connection with the Giveaway; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet Service Provider utilized by Sponsor; Sponsor or affiliated entities' respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant's (or any third person's) computer and/or its contents related to or resulting from any part of the Giveaway; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; errors, typos or misprints in these Official Rules, in any Giveaway-related advertisements or other material and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Giveaway and to release all rights to bring any claim, action or proceeding against the Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. Each Entrant understands and agrees that he or she is waiving valuable rights and he or she knowingly waives them and agrees that he or she shall neither claim nor be entitled to exercise any right to prior consent, nor shall he or she receive any compensation, royalties or credit for any such exploitation of his or her entry. Further, all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrant acknowledges that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
13. Entry Information and Giveaway Communications. As a condition of entering the Giveaway, each Entrant gives consent for Sponsor to obtain and deliver his or her name, email, and to comply with applicable laws, regulations and rules. Any information Entrants provide to Sponsor may be used to communicate with Entrant in relation to this Giveaway or on a Giveaway winner's list.
14. Governing Law/Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor or the Released Parties in connection with the Giveaway will be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
BY ENTERING THE GIVEAWAY, ENTRANT 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 GIVEAWAY, OR ANY PRIZE AWARDED, 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 ONE HUNDRED DOLLARS ($100.00), 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 ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED ONE HUNDRED DOLLARS ($100.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, IN WHICH CASE THE ABOVE MAY NOT APPLY.
15. Dispute Resolution. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Dallas County, Texas and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator's decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Giveaway shall be resolved solely by binding arbitration before a sole arbitrator appointed on application to a judge of a district court located in Dallas County, Texas. If an in-person hearing is required, then it will take place in Dallas, Texas. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn't apply and the dispute must be brought in a court of competent jurisdiction in Dallas County, Texas. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing).
16. List of Giveaway Winners/Official Rules Requests. To receive the names of the winners, send a stamped self-addressed envelope, prior to to "Giveaway Winners List," 5930 W. Campus Circle Dr., Irving, Texas 75063. Please indicate the Giveaway winners list you are requesting by referencing the name of the Giveaway in your request. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: "Giveaway Official Rules", 5930 W. Campus Circle Dr., Irving, Texas 75063 prior to the end of the Entry Period. Please indicate which Giveaway Official Rules you are requesting by referencing the name of the Giveaway in your request. Vermont residents may omit return postage with Official Rules requests.
18. Sponsor. This Giveaway is sponsored by Revision Skincare, 5930 W. Campus Circle Dr., Irving, Texas 75063. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Giveaway.
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