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OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN.
A PURCHASE DOES NOT IMPROVE ONE’S CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW. Eligibility: The Woosh Beauty and MMSkincare Valentine's Day Giveaway (“Promotion”) is only open to permanent legal residents of the fifty (50) states of the United States (“U.S.”), the District of Columbia (“D.C.”) (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions) and who are currently physically located and residing therein and who are thirteen (13) years of age or older as of the date of entry. Employees of Woosh Beauty and And.B LLC and MMSkincare (“Sponsor”), their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Promotion, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, prize suppliers, award suppliers (for deals, as discussed below), any other person or entity associated with the Promotion (collectively “Promotion Entities”) and/or members of their immediate families (i.e. a spouse, domestic partner, child, sibling, parent) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Promotion. Promotion Period: For all purposes of this Promotion, all times refer to Eastern Time (“ET”) and Sponsor’s computer is the official clock. The Promotion consists of one (1) individual sweepstakes. Promotion begins on February 10, 2022 at 12:00:00 a.m. ET and ends on February 14, 2022 at 11:59:59 p.m. ET (“Promotion Period”). See below chart for entry deadlines for each Individual Sweepstakes and each of the Deals. How to Participate: To participate in a particular Sweepstakes, members of the public should access the Promotion website at wooshbeauty.com/pages/entergiveaway (“Website”). To enter a particular Individual Sweepstakes, entrants must access the Website during the corresponding period for that Individual Sweepstakes as per the chart above. Then entrants must complete and submit the entry form by providing the following information: email address. After completing and submitting the Entry Information, said entrant will then receive one (1) entry into that particular Individual Sweepstakes (“Entry”). Limit one (1) Entry per person per email address per day per Individual Sweepstakes. Entries for a particular Individual Sweepstakes must be received by the applicable dates and times stated in the above chart. All required Entry Information must be completed in full, be accurate, current, and be valid. The Entry Information must match the information of the entrant that completed the act of physically entering the Promotion. Entrants who submit multiple Entries of any kind in excess of the limits stated herein will be disqualified. If an entrant is a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. A minor is defined as a resident of Alabama or Nebraska in the U.S. who is under nineteen (19) years of age, or a resident of Mississippi in the U.S. who is under twenty-one (21) years of age (“Minor”). If entrants use a web-enabled mobile device to participate, data rates may apply (entrants should contact their service provider for data rates/plans). Entrants should use care and not drive while entering the Promotion. Entries in excess of the stated limits will be disqualified. Proof of submitting an Entry will not be deemed by the Sponsor as proof of receipt or entry into the Promotion. Any attempt by an entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant’s Entries and that entrant may be disqualified. Any attempted form of entry into this Promotion other than as described herein is void. Final eligibility for the award of a prize is subject to eligibility verification and other conditions and requirements, as set forth below. The Website may not be accessible from all mobile phones, handheld devices, and/or tablets. If anyone experiences any issues participating, he/she should access the Website from a desktop or laptop computer. Want it All Bundle & MMSphere 2 Go Bundle: One (1) winner will receive one (1) Want it All Bundle and one (1) MMSphere 2 Go. The Prize is non-transferable and cannot be redeemed for cash or credit. The total ARV of prize is: $535Odds of winning a prize depends on the total number of eligible Entries received during the applicable Individual Sweepstakes Period. Limit one (1) Sweepstakes prize per person for the entire Sweepstakes Period. Drawings: Potential winner(s) will be randomly selected in a series of drawings held by the Sponsor located in New York, NY on or about one (1) U.S. business day after Sweepstakes has ended from among all eligible Entries received for each Individual Sweepstakes. Participation in one (1) or more Individual Sweepstakes is separate and apart from one’s participation in any Deals offered in this Promotion. Notification of Winners/Deal Recipients: The winner of the Sweepstakes will be notified via the email address associated with his/her Entry by the Promotion administrator within approximately two (2) business days of the applicable Drawing Date. Potential winner will have two (2) business days to respond to the email notification by emailing his/her requested responses (e.g. answers to eligibility questions, product mailing information). If a potential winner does not respond to the eligibility questions within two (2) business days; if he/she is found to be ineligible; if he/she does not comply with these Official Rules; if his/her prize or prize notification message is returned as undeliverable, such potential winner will be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion. If an entrant changes and/or deletes his/her email account after he/she enters an Individual Sweepstakes, it is his/her sole responsibility to notify the Sponsor before the end of the Promotion Period at the Sponsor’s postal mailing address (listed below). If a potential winner is a resident of a jurisdiction that deems him/her to be a Minor, his/her parent or legal guardian will be required to sign the Affidavit/Release on his/her behalf. By returning the completed Affidavit/Release, each winner attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules. General Conditions: This Promotion is subject to these Official Rules and all federal, state, provincial and local laws and regulations (collectively “Rules and Laws”). By participating in the Promotion, entrants agree and acknowledge to be bound by these Rules and Laws, as well as the decisions of the Sponsor and/or the Promotion administrator which are final and binding in all respects; to waive any rights to claim ambiguity with these Rules and Laws and the Official Rules; to indemnify and hold harmless the Promotion Entities from any and all liability resulting or arising from use of any submitted Entry or from the Promotion; and to release all rights to bring any claim, action or proceeding against the Promotion Entities. Once submitted, Entries become the sole property of the Sponsor and will not be returned. Any personal information supplied by entrants to Sponsor or its affiliates will be subject to Sponsor’s privacy policy, located at https://wooshbeauty.com/pages/terms-privacy. Thus, except where prohibited by law and Sponsor’s Privacy Policy: (1) entry and/or a winner’s acceptance of a prize constitutes permission for the Promotion Entities to use such winner’s/entrant’s name, address (city and state/province), photo, likeness, biographical information, statement, and voice for advertising/publicity purposes worldwide and in all forms of media (including posting on the Website or any social media channels), in perpetuity, without further notice to or compensation in connection with said Promotion or the prize awarded, and (2) Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Entries however it sees fit and for any purpose without any notice or compensation to entrant or any third parties. Additionally, if an entrant chooses to opt-in to receive communications from the Sponsor, his/her Entry Information will be subject to the Sponsor’s privacy policy and terms of service (if applicable), and such entrant agrees to receive additional email communication from the Sponsor. Opting in to receive communications does not improve one’s chances of winning any prize. Sponsors reserves the right, in their sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Promotion; to be acting in violation of the Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person. Any person attempting to defraud or tamper with this Promotion will be prosecuted and is not eligible for a prizel. If, for any reason, the Promotion is not capable of running as originally planned, Sponsor in its discretion, reserves the right to cancel, suspend or modify the Promotion or any portion(s) thereof and to conduct the applicable Individual Sweepstakes drawing(s) and/or award the prize(s) from among all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by the Sponsor, or award the prize(s). In case of a dispute over the identity of an entrant who submitted a winning Entry, the authorized account holder of the email address associated with the Entry will be deemed the entrant/redeemer. The “authorized account holder” is deemed the natural person who is assigned to an email account using an email address that has been assigned by an internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said owner must comply with these Official Rules, be the person who completed the act of entering, and, in Sponsor’s sole discretion, may be required to provide proof of ownership of the email account. Disclaimers: The Sponsor is not responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, dropped, inaccessible, corrupted, jumbled, or otherwise not in compliance with these Official Rules and such Entries will be disqualified. By entering the Promotion, entrants agree and acknowledge that the Sponsor shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Promotion; human error; incorrect or inaccurate transcription of Entry Information or redemption information; acceptance/possession, use/misuse, and/or defects of the prizes awarded herein; typographical errors in the Promotion advertising/promotional material, any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by Promotion; interruption or inability to access the Promotion, the Website, or any website or online service via the internet due to hardware or software compatibility problems; wireless network dead zones or obstructions; any damage to entrant’s (or any third person’s) computer/mobile device and/or its contents related to or resulting from any part of this Promotion or from entering or downloading materials/software in connection with the Promotion; any lost/delayed data transmissions, omissions, interruptions, defects or any other errors or malfunctions.Entrants hereby acknowledge that the Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize. Sponsor is not liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused by or contributed to (1) any wrongful, negligent or unauthorized act or omission the supplied prize or any of the Sponsor’s agents, servants, employees or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Promotion, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive 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 state’s/jurisdiction’s laws. Any controversy or claim arising out of or relating to this agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in New York County, New York, before a single arbitrator. The arbitrator shall be selected by mutual agreement of Sponsor(s) and the entrant bringing forth the controversy or claim (collectively, the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Entrant(s) agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Entrant(s) further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Promotion but in no event attorneys' fees; and, under no circumstances, will an entrant(s) be entitled to awards for and entrant(s) hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of this section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. Names of Winners: To receive the winners list or a copy of these Official Rules, send a self-addressed stamped envelope to: wooshbeauty.com 7 Days of Woosh “Email Winners List” or “Email Sweeps Rules” (specify which), 140 West 22nd Street New York, NY 10011. All requests must be received by February 23, 2020. The Official Rules will be available on the Website during the entire Promotion Period. Names of winners may also be posted on the Website. Sponsor: Woosh Beauty, dba And.B LLC, 140 West 22nd Street New York, NY 10011. These Official Rules may only be copied for personal use and not for any commercial purpose whatsoever. All rights reserved.
OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN.
A PURCHASE DOES NOT IMPROVE ONE’S CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW. Eligibility: The Woosh Beauty and MMSkincare Valentine's Day Giveaway (“Promotion”) is only open to permanent legal residents of the fifty (50) states of the United States (“U.S.”), the District of Columbia (“D.C.”) (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions) and who are currently physically located and residing therein and who are thirteen (13) years of age or older as of the date of entry. Employees of Woosh Beauty and And.B LLC and MMSkincare (“Sponsor”), their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Promotion, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, prize suppliers, award suppliers (for deals, as discussed below), any other person or entity associated with the Promotion (collectively “Promotion Entities”) and/or members of their immediate families (i.e. a spouse, domestic partner, child, sibling, parent) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Promotion. Promotion Period: For all purposes of this Promotion, all times refer to Eastern Time (“ET”) and Sponsor’s computer is the official clock. The Promotion consists of one (1) individual sweepstakes. Promotion begins on February 10, 2022 at 12:00:00 a.m. ET and ends on February 14, 2022 at 11:59:59 p.m. ET (“Promotion Period”). See below chart for entry deadlines for each Individual Sweepstakes and each of the Deals. How to Participate: To participate in a particular Sweepstakes, members of the public should access the Promotion website at wooshbeauty.com/pages/entergiveaway (“Website”). To enter a particular Individual Sweepstakes, entrants must access the Website during the corresponding period for that Individual Sweepstakes as per the chart above. Then entrants must complete and submit the entry form by providing the following information: email address. After completing and submitting the Entry Information, said entrant will then receive one (1) entry into that particular Individual Sweepstakes (“Entry”). Limit one (1) Entry per person per email address per day per Individual Sweepstakes. Entries for a particular Individual Sweepstakes must be received by the applicable dates and times stated in the above chart. All required Entry Information must be completed in full, be accurate, current, and be valid. The Entry Information must match the information of the entrant that completed the act of physically entering the Promotion. Entrants who submit multiple Entries of any kind in excess of the limits stated herein will be disqualified. If an entrant is a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. A minor is defined as a resident of Alabama or Nebraska in the U.S. who is under nineteen (19) years of age, or a resident of Mississippi in the U.S. who is under twenty-one (21) years of age (“Minor”). If entrants use a web-enabled mobile device to participate, data rates may apply (entrants should contact their service provider for data rates/plans). Entrants should use care and not drive while entering the Promotion. Entries in excess of the stated limits will be disqualified. Proof of submitting an Entry will not be deemed by the Sponsor as proof of receipt or entry into the Promotion. Any attempt by an entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant’s Entries and that entrant may be disqualified. Any attempted form of entry into this Promotion other than as described herein is void. Final eligibility for the award of a prize is subject to eligibility verification and other conditions and requirements, as set forth below. The Website may not be accessible from all mobile phones, handheld devices, and/or tablets. If anyone experiences any issues participating, he/she should access the Website from a desktop or laptop computer. Want it All Bundle & MMSphere 2 Go Bundle: One (1) winner will receive one (1) Want it All Bundle and one (1) MMSphere 2 Go. The Prize is non-transferable and cannot be redeemed for cash or credit. The total ARV of prize is: $535Odds of winning a prize depends on the total number of eligible Entries received during the applicable Individual Sweepstakes Period. Limit one (1) Sweepstakes prize per person for the entire Sweepstakes Period. Drawings: Potential winner(s) will be randomly selected in a series of drawings held by the Sponsor located in New York, NY on or about one (1) U.S. business day after Sweepstakes has ended from among all eligible Entries received for each Individual Sweepstakes. Participation in one (1) or more Individual Sweepstakes is separate and apart from one’s participation in any Deals offered in this Promotion. Notification of Winners/Deal Recipients: The winner of the Sweepstakes will be notified via the email address associated with his/her Entry by the Promotion administrator within approximately two (2) business days of the applicable Drawing Date. Potential winner will have two (2) business days to respond to the email notification by emailing his/her requested responses (e.g. answers to eligibility questions, product mailing information). If a potential winner does not respond to the eligibility questions within two (2) business days; if he/she is found to be ineligible; if he/she does not comply with these Official Rules; if his/her prize or prize notification message is returned as undeliverable, such potential winner will be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion. If an entrant changes and/or deletes his/her email account after he/she enters an Individual Sweepstakes, it is his/her sole responsibility to notify the Sponsor before the end of the Promotion Period at the Sponsor’s postal mailing address (listed below). If a potential winner is a resident of a jurisdiction that deems him/her to be a Minor, his/her parent or legal guardian will be required to sign the Affidavit/Release on his/her behalf. By returning the completed Affidavit/Release, each winner attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules. General Conditions: This Promotion is subject to these Official Rules and all federal, state, provincial and local laws and regulations (collectively “Rules and Laws”). By participating in the Promotion, entrants agree and acknowledge to be bound by these Rules and Laws, as well as the decisions of the Sponsor and/or the Promotion administrator which are final and binding in all respects; to waive any rights to claim ambiguity with these Rules and Laws and the Official Rules; to indemnify and hold harmless the Promotion Entities from any and all liability resulting or arising from use of any submitted Entry or from the Promotion; and to release all rights to bring any claim, action or proceeding against the Promotion Entities. Once submitted, Entries become the sole property of the Sponsor and will not be returned. Any personal information supplied by entrants to Sponsor or its affiliates will be subject to Sponsor’s privacy policy, located at https://wooshbeauty.com/pages/terms-privacy. Thus, except where prohibited by law and Sponsor’s Privacy Policy: (1) entry and/or a winner’s acceptance of a prize constitutes permission for the Promotion Entities to use such winner’s/entrant’s name, address (city and state/province), photo, likeness, biographical information, statement, and voice for advertising/publicity purposes worldwide and in all forms of media (including posting on the Website or any social media channels), in perpetuity, without further notice to or compensation in connection with said Promotion or the prize awarded, and (2) Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Entries however it sees fit and for any purpose without any notice or compensation to entrant or any third parties. Additionally, if an entrant chooses to opt-in to receive communications from the Sponsor, his/her Entry Information will be subject to the Sponsor’s privacy policy and terms of service (if applicable), and such entrant agrees to receive additional email communication from the Sponsor. Opting in to receive communications does not improve one’s chances of winning any prize. Sponsors reserves the right, in their sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Promotion; to be acting in violation of the Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person. Any person attempting to defraud or tamper with this Promotion will be prosecuted and is not eligible for a prizel. If, for any reason, the Promotion is not capable of running as originally planned, Sponsor in its discretion, reserves the right to cancel, suspend or modify the Promotion or any portion(s) thereof and to conduct the applicable Individual Sweepstakes drawing(s) and/or award the prize(s) from among all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by the Sponsor, or award the prize(s). In case of a dispute over the identity of an entrant who submitted a winning Entry, the authorized account holder of the email address associated with the Entry will be deemed the entrant/redeemer. The “authorized account holder” is deemed the natural person who is assigned to an email account using an email address that has been assigned by an internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said owner must comply with these Official Rules, be the person who completed the act of entering, and, in Sponsor’s sole discretion, may be required to provide proof of ownership of the email account. Disclaimers: The Sponsor is not responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, dropped, inaccessible, corrupted, jumbled, or otherwise not in compliance with these Official Rules and such Entries will be disqualified. By entering the Promotion, entrants agree and acknowledge that the Sponsor shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Promotion; human error; incorrect or inaccurate transcription of Entry Information or redemption information; acceptance/possession, use/misuse, and/or defects of the prizes awarded herein; typographical errors in the Promotion advertising/promotional material, any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by Promotion; interruption or inability to access the Promotion, the Website, or any website or online service via the internet due to hardware or software compatibility problems; wireless network dead zones or obstructions; any damage to entrant’s (or any third person’s) computer/mobile device and/or its contents related to or resulting from any part of this Promotion or from entering or downloading materials/software in connection with the Promotion; any lost/delayed data transmissions, omissions, interruptions, defects or any other errors or malfunctions.Entrants hereby acknowledge that the Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize. Sponsor is not liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused by or contributed to (1) any wrongful, negligent or unauthorized act or omission the supplied prize or any of the Sponsor’s agents, servants, employees or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Promotion, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive 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 state’s/jurisdiction’s laws. Any controversy or claim arising out of or relating to this agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in New York County, New York, before a single arbitrator. The arbitrator shall be selected by mutual agreement of Sponsor(s) and the entrant bringing forth the controversy or claim (collectively, the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Entrant(s) agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Entrant(s) further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Promotion but in no event attorneys' fees; and, under no circumstances, will an entrant(s) be entitled to awards for and entrant(s) hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of this section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. Names of Winners: To receive the winners list or a copy of these Official Rules, send a self-addressed stamped envelope to: wooshbeauty.com 7 Days of Woosh “Email Winners List” or “Email Sweeps Rules” (specify which), 140 West 22nd Street New York, NY 10011. All requests must be received by February 23, 2020. The Official Rules will be available on the Website during the entire Promotion Period. Names of winners may also be posted on the Website. Sponsor: Woosh Beauty, dba And.B LLC, 140 West 22nd Street New York, NY 10011. These Official Rules may only be copied for personal use and not for any commercial purpose whatsoever. All rights reserved.