ALL DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
By participating in the #LetsBeFriends Giveaway (the Giveaway), each participant (“Giveaway Entrant” or “Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of FullBeauty Brands, Inc. (the “Sponsor”) and US Sweepstakes & Fulfillment Co. (the “Administrator”), which shall be final and binding in all respects.
ELIGIBILITY: The Giveaway is open to legal residents of the 50 United States, including the District of Columbia (excluding Alaska, Arizona, Colorado, Hawaii, Maryland and North Dakota). Void in Alaska, Arizona, Colorado, Hawaii, Maryland, North Dakota, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of the Sponsor, Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, grandparents, children and siblings and their respective spouses) of, and/or those living in the same household of each, are not eligible to enter. The Giveaway is subject to all applicable federal, state and local laws and regulations. In the event that the Giveaway is challenged by any regulatory authority, Sponsor reserves the right to discontinue or modify the Giveaway to disqualify participants in the affected geographic areas.
GIVEAWAY ENTRY PERIOD: The Giveaway begins at 12:00:01 AM Eastern Time (“ET”) on Monday, October 29, 2018 and ends at 11:59:59 PM ET on Sunday, November 11, 2018 (the “Giveaway Entry Period”). The Sponsor’s computer is the official timekeeping device for this Giveaway.
HOW TO ENTER: Tag at least two friends in the comments of a #LetsBeFriends Giveaway post on Facebook or Instagram and make sure you, and the two friends you tag, are following Jessica London on at least one social media platform (Facebook or Instagram, only). You may enter the Giveaway more than once, however you may not enter the Giveaway more than once per social media post.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE IN CONJUNCTION WITH PARTICIPATION IN PROMOTIONS (AS APPLICABLE). FACEBOOK AND INSTAGRAM ARE FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.
Comments on Facebook and Instagram posts collectively referred to herein as “Giveaway Entries.” All Giveaway Entries must be received between Monday, October 29, 2018 at 12:00:01 AM ET and Sunday, November 11, 2018 at 11:59:59 PM ET. There is a limit of one (1) Giveaway Entry per person per individual Facebook post and one (1) Giveaway Entry per person per individual Instagram post. All methods of entry have an equal chance of winning. Any additional Entries received from any person on the same individual post on either Facebook or Instagram will be void and will be disqualified. For the purposes of this Giveaway, an “individual post” is defined as the specified #LetsBeFriends Giveaway post, posted on both Facebook and Instagram, once, daily, throughout the 14 day duration of the #LetsBeFriends Giveaway.
GIVEAWAY ENTRIES POSTED ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL GIVEAWAY ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): There is one (1) Grand Prize available to be won. One (1) Grand Prize winner will receive a $250 Jessica London gift card.
The ARV of the Grand Prize is $250.
WINNER DETERMINATION: All eligible Giveaway Entries received during the Giveaway Entry Period will be entered by the Sponsor into a randomized generator, which will ultimately determine one (1) Grand Prize winter. The Sponsor will check the Jessica London Facebook page and the Jessica London Instagram page to make sure that the Grand Prize Winner is following at least one of the aforementioned social media accounts. If the Grand Prize winner who was chosen at random does not follow at least one of the aforementioned social media accounts, the Sponsor will use the randomized generator to determine another winner. The Sponsor will repeat this process until the Grand Prize Winner that is chosen follows at least one of the social media accounts.
GIVEAWAY WINNER NOTIFICATION & VERIFICATION: The Grand Prize winner will be notified on the social media platform that they used to enter the Giveaway on/around Monday, November 12, 2018. To begin the prize claim process, the potential winner must respond as instructed to the Initial Notification with his/her full name and e-mail address within forty-eight (48) hours of the Initial Notification. Within three (3) days of confirmation of the information received from potential Grand Prize winner in response to Initial Notification, such potential Grand Prize winner will receive a second notification via email from the Administrator (the “Second Notification”) and will be required to complete and return an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases") within three (3) days of the Second Notification to be declared the Grand Prize winner.
The Grand Prize will be awarded within approximately four (4) to six (6) weeks after Grand Prize winner is verified.
PRIZE CONDITIONS: If any notification or prize is returned as undeliverable, or if potential Grand Prize winner is found to be ineligible or not in compliance with these Official Rules he/she will be disqualified.
Prizes are not redeemable for cash. Prizes are not assignable nor transferable, unless otherwise indicated by the Sponsor. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prize and no exchange or substitution of prize, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Winner is responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.
By accepting a prize, you further agree to release the Sponsor and Administrator from any and all liability, loss or damage of any kind arising out of or in connection with your participation in this Giveaway or with respect to the awarding, receipt, possession, use and/or misuse of any prize.
GENERAL: Participating Entrants agree to these Official Rules and the decisions of the Administrator and the Sponsor, and release and hold the Sponsor, the Administrator, Twitter, Inc., Instagram, LLC, and their affiliated companies, and all other businesses involved in this Giveaway, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Giveaway, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Giveaway or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of any prize.
No confidential relationship is established by any Giveaway Entrant and the Sponsor as a result of participating in the Giveaway. None of the information submitted by the Giveaway Entrant will be treated as trade secrets, confidential information or as protected data.
Although subsequent attempts to submit a Giveaway Entry on a given day may be received, only the first complete Giveaway Entry received from a particular Entrant will be eligible; subsequent attempts by the same person to Enter, including entries submitted with an alternate email address, Twitter account, Instagram account, or identity will be disqualified. In the event of a dispute over the identity of an entrant, submission will be deemed submitted by the "Authorized Account Holder" of the email address submitted by the Giveaway Entrant or the Twitter or the Instagram account from which the entry is submitted. Authorized Account Holder means the natural person to whom the email address, Twitter or Instagram account is registered. Any entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data or that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's, or any other person's computer related to or resulting from participating in the Giveaway. By participating in the Giveaway, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Giveaway. Failure to comply with these Official Rules may result in disqualification from the Giveaway. Sponsor reserves the right to: (i) permanently disqualify from any Giveaway it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Giveaway). If, for any reason, the Giveaway is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway. Sponsor is not responsible if the Giveaway cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry process or the operation of the Giveaway. Sponsor reserves the right to disqualify any Entrant at any time during the Giveaway Period that may be found ineligible.
In the event any participant engages or has engaged in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant or winner and void any Giveaway Entries of said person.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT OR GIVEAWAY ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE GIVEAWAY, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND 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 New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other 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 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 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 TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ 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, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York, New York 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 under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York. 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 New York, New York. 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). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
SPONSOR: FullBeauty Brands, Inc., 2300 Southeastern Avenue, Indianapolis, IN 46201.
Void in Arizona, Alaska, Colorado, Hawaii, Maryland, North Dakota, Puerto Rico, Guam, U.S. Virgin Islands, outside the US and wherever else prohibited by law.