Official rules for Retinol Reform Giveaway

THE SHANI DARDEN “RETINOL REFORM FIVE DAY GIVEAWAY” SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING ANY PRIZE DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED.

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

SPONSOR: Shani Darden Skincare Inc. (“Sponsor”), 9304 Civic Center Dr., Beverly Hills, California 90210

SWEEPSTAKES ENTRY PERIOD: The Shani Darden “Retinol Reform Five Day Giveaway” Sweepstakes (the “Sweepstakes”) begins at 9:00:00 AM Pacific Time (“PT”) on November 13, 2020 and ends at 11:59:59 PM PT on November 17, 2020 (the “Sweepstakes Period”).

ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia, who are age 13 or older at the time of entry. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Sponsor and the immediate family members (spouses, parents, children, and siblings and their spouses), and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.

HOW TO ENTER: During the Sweepstakes Period, click on the Sweepstakes image found on Sponsor’s website, available at https://www.facebook.com/shanidardenskin/posts/3569305826450267, and follow all entry instructions to complete and submit the entry form to receive one (1) entry into the Sweepstakes (the “Entry”).

Entries must be received between November 13, 2020 at 9:00:00 AM PT and November 17, 2020 at 11:59:59 PM PT. By entering, you are agreeing to receive promotional emails from the Sponsor at the email address you provide. You can unsubscribe from these emails at any time by clicking the UNSUBSCRIBE link at the bottom of any promotional email. Entrants are subject to all notices posted online including but not limited to the Sponsor’s Privacy Policy, which can be found at https://www.shanidarden.com/pages/privacy-policy. If you are under 13 years of age, you are prohibited from entering the Sweepstakes or submitting any information through this website.

Limit: One (1) Entry per person regardless of whether entrant has more than one email address. All information contained in Entries become the property of the Sponsor and no entries will not be acknowledged or returned.

PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS: There are twenty five (25) prizes available to be won of equal value. Each prize winner will receive one (1) bottle of Retinol Reform®. The ARV of the prize is: $88.  Odds of winning will depend upon the total number of eligible entries received.

RANDOM DRAWING: Sponsor will select five (5) winners in a random drawing on November 14, 15, 16, 17, and 18, respectively, on or about 10:00:00 AM PT. During the Sweepstakes Period, entries must be received by 11:59:59 PM PT each day to be counted for that days drawing.  Sponsor will select five (5) winners in a random drawing on or about 10:00:00 AM PT on the following day from among all eligible entries received during the Sweepstakes Period.  Sponsor’s decisions are final. 

WINNER NOTIFICATION & VERIFICATION: Potential prize winner will be notified via email within seven (7) days of winning.  Sponsor will make two (2) efforts to contact the winner, and the winner must respond within seven (7) days of the second inquiry to accept the prize.  If a winner does not respond within seven (7) days, Sponsor will choose another winner in a random drawing.  Each winner will be required to sign and return, within seven (7) days of notification, an IRS W-9 Form. These Releases will require the prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected. The prize will be awarded within approximately thirty (30) days after the winner is verified.

If a winner is otherwise eligible under these Official Rules but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian, who will be required to execute and return the Releases on the minor’s behalf.

If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these rules, that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing. Only two (2) alternate winners may be determined through this process, after which the prize may remain un-awarded.

PRIZE CONDITIONS: Prize is not redeemable for cash. Prize is not assignable or transferable. 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 is permitted, 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 the prize. 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.

Except where prohibited by law, winner’s entry and acceptance of prize constitute permission for Sponsor to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

INDEMNIFICATION: Each entrant forever and irrevocably agrees to release, defend, indemnify, and hold harmless each of Sponsor and the Released Parties (as defined below) 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: (i) the Sweepstakes or the marketing or advertising thereof, (ii) typographical, translation, or printing errors in these Official Rules or any Sweepstakes materials, (iii) any change in any prize (or any components thereof) due to reasons beyond Sponsor’s control, (iv) any interruptions in or postponement, cancellation, or modification of any drawing, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any entry, (vii) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor, any of the Released Parties or by an entrant, (viii) interruption or inability to access any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xii) lost, late, stolen, misdirected, damaged or destroyed prizes (or any element thereof), (xiii) the negligence or willful misconduct by an entrant, or (ix) each entrant’s participation in the Sweepstakes and/or an entrant’s acceptance, use or misuse of a prize. To extent the laws of an entrant’s jurisdiction limits or does not permit any of the foregoing indemnifications, that entrant agree that the indemnification obligations that are permissible shall apply to the maximum extent permitted by law.

GENERAL: Although subsequent attempts to enter may be received, only the first complete 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, will be disqualified.

Participating entrants agree to these Official Rules and the decisions of the Sponsor, and release the Sponsor and their affiliated companies, and all other businesses involved in this Sweepstakes, 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 promotion, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.

In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address associated with the entry. Entry materials/data 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 entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry 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 Sweepstakes. By participating in the Sweepstakes, 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, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, 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 Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, 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 SWEEPSTAKES, 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 SWEEPSTAKES, 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 Los Angeles, California 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 Sweepstakes 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 Los Angeles, California. 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 Los Angeles, California. 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.

PRIVACY: Personal information collected from entrants will be processed, stored, and disclosed subject to the Sponsor’s Privacy Policy, which can be found at https://www.shanidarden.com/pages/privacy-policy. The personal information the Sponsor will collect from you in connection with this Sweepstakes will be the information collected directly from you that you provide to Sponsor in connection with the Sweepstakes and certain information about the device you use to access the Sweepstakes website that is automatically obtained through cookies and other similar technologies. The Sponsor will use this personal information to administer the Sweepstakes. The Sponsor will not sell the personal information it collects in connection with the Sweepstakes.

OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see [Insert sweeps URL] or send a self-addressed, stamped envelope that must be received no later than November 17, 2020 at 12:00:00 PM PT, to: The Shani Darden “Retinol Reform Five Day Giveaway” Sweepstakes, Official Rules Request, 9304 Civic Center Dr., Beverly Hills, California 90210.

WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after January 15, 2021), send a stamped, self-addressed envelope (no later than December 31, 2020) to: The Shani Darden “Retinol Reform Five Day Giveaway” Sweepstakes, Winner Confirmation Request, 9304 Civic Center Dr., Beverly Hills, California 90210.

Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S. and wherever else prohibited by law.

 

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