OFFICIAL SWEEPSTAKES RULES
Woosh Beauty “Halloween”
NO PURCHASE NECESSARY TO ENTER OR WIN
VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES WHICH ARE A CONTRACT. READ CAREFULLY BEFORE ENTERING.
- Introductory Terms and Rules. These official Sweepstakes rules (the “Official Rules”) govern all aspects of the Woosh Beauty Instagram Giveaway (the “Sweepstakes”). The Sweepstakes will consist of two drawings (“Prize Draw”). At each drawing, five (5) entrants will be chosen to receive the prize awarded. Please note, as set forth in the Official Rules, that the Sweepstakes may be terminated before the final drawing is held. WOOSH BEAUTY LLC and herein after referred to as (“Woosh Beauty”), is the sponsor and content administrators of the Sweepstakes and is solely responsible for enforcing the Official Rules and for awarding prizes. The Sweepstakes is void where prohibited by law or where the conduct of Sweepstakes requires registration or the presentment of any bond before any state of local regulator authority.
- How to enter the Sweepstakes. The Sweepstakes will start at 10:00 am eastern time (“EDT”) on October 26, 2018 and will end at 11:59 pm EDT on October 31, 2018 (the “Sweepstakes Period”). By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by the Official Rules and the decisions of Woosh Beauty, including the interpretation of the Official Rules and its exercise of discretion, which will be final and binding in all respects. There are (two) methods of entry for this Sweepstakes:
3 a. Entrants must set your Instagram® account privacy settings set to “Off” from the time of entry until November 7, 2018 to allow the Sponsor to contact you in the event you are selected as a potential winner. ONLY PHOTOS UPLOADED DURING THE CONTEST PERIOD WILL BE CONSIDERED A VALID PHOTO ENTRY, TAGGING A PREVIOUSLY UPLOADED PHOTO WILL NOT BE ELIGIBLE. YOU MUST BE THE PARENT OR LEGAL GUARDIAN OF ANY MINOR(S) OR CHILD/REN APPEARING IN YOUR PHOTO.
- The photo submitted via Instagram® serves the “Photo Entry”
- MUST BE the entrant’s original work (modification of an original work is NOT an original)
- MUST NOT have been previously published or won any award
- MUST NOT include celebrities
- MUST BE a recognized image file type of satisfactory clarity, resolution, quality (i.e., brightness, focus, etc.). Any photo submitted that is NOT of satisfactory quality may be rejected, in Sponsor’s sole discretion
- MUST BE in keeping with Sponsor’s image and reputation as determined by Sponsor, in its sole discretion, or Photo Entry will be disqualified from the Contest. The Photo Entry MUST NOT disparage persons or organizations associated with Sponsor
- MUST NOT contain viruses, Trojan horses, worms, bots, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information
- MUST NOT contain any material that could identify the entrant or any other person, including any name, address, phone number, or URL address
- MUST NOT contain any personal or commercial solicitations, advertisements or promotional materials
- MUST NOT feature alcoholic beverages, tobacco products (including cigarettes, cigars, pipe tobacco, chewing tobacco and snuff), fireworks, firearms and ammunitions, prescription drugs, illegal drugs and related drug paraphernalia, nutritional supplements, lotteries, or gambling
- MUST NOT contain material which is (or promote activities which are) in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the entry is created in their application; and
- MUST NOT contain material that violates or infringes another's rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, entry photo MUST NOT include third-party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor; and
- MUST NOT make reference to any third party product, including in the caption to the photo
- All entries become the sole property of the Sponsor and none will be returned for any reason. Entries must be received no later than the end of the Contest Period, regardless of method of entry. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a prize.
- By participating in this Contest, entrant represents and warrants that: (i) the Photo Entry does not contain any material that is libelous, defamatory, profane or obscene; (ii) the Photo Entry is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable the Sponsor to use the Photo Entry as contemplated by these Rules; and (iii) the Photo Entry does not infringe upon the intellectual property, privacy or other statutory or common law rights of any third party.
- Limit of one (1) entry per person per day. In the case of multiple entries, only the first eligible entry each day, will be considered.
- By participating in this Contest, you acknowledge and agree that you will clearly and conspicuously disclose that you are participating in this Contest in the entry and any online social sharing interaction that references the Contest or that is used to obtain entries in connection with this Contest. At a minimum, tagging “@wooshbeauty” should be included in all social media communications sent pursuant to the Contest. Sponsor reserves the right in its sole discretion to disqualify any entrant who does not adequately disclose his or her participation in this Contest while engaging in any online social sharing interaction during the Contest Period.
- Entries received via Instagram® shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the Instagram® account. For the purpose of the Rules, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each selected entrant may be required to provide the Sponsor with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.
Entrants must complete these entry requirements in their entirety during the Sweepstakes Period to be eligible. (Disclaimer: This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram)
- Entrants may enter the Sweepstakes only once per post during the Sweepstakes Period. Duplicate entries will be discarded. Entries generated by script, computer programs, macro, programmed, robotic or other automatic means are void and will be disqualified. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Woosh Beauty’s satisfaction, the affected entry will be deemed ineligible. For purposes of this Sweepstakes, an entry is “received” when Woosh Beauty’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes.
Woosh Beauty’s database clock will be the official timekeeper for the Sweepstakes. Illegible and/or incomplete entries and entries submitted by Entrants who do not meet the eligibility requirement (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in the entry or abide by these Official Rules or other instructions by Woosh Beauty may be disqualified. Entrants may not be awarded with more than one prize.
- Winner Selection and Prize Claiming. The odds of winning depend on the number of eligible entries received. Woosh Beauty will have complete discretion over the interpretation of the Official Rules, of administration of the Sweepstakes and selection of the winner. Decisions of Woosh Beauty as to the selection of the winners are final. An Instagram direct message will be sent to the potential winners informing them of their prize. Notification is deemed to have occurred immediately upon sending of an Instagram direct message. To claim the prize, the potential winners must confirm the reception of notification via Instagram direct message and confirm that they can receive the prize delivery at their own residence or the residence of their legal guardian. Potential winners must provide any information/documents that may be required by Woosh Beauty, all of which must be fully executed within forty-eight (48) hours of notification. If a potential winner fails to provide required information within the time period under the Official Rules, then Woosh Beauty, will select an alternate potential winner who must comply with the Official Rules to receive the prize. Woosh Beauty is not responsible for false, incorrect, changed, incomplete, or illegible contact information. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner.
- Prize and Approximate Retail Value. The total Sweepstakes Prizes consists of ten (10) prizes will be awarded to ten (10) winners each. Prize consists of: one pair of Even Eye Stencils (Total Approximate Retail Value “ARV” of $16.00).
- The prizes will be delivered to the residence of the winners or the winners’ legal guardian.
- The decision of Woosh Beauty as to the eligibility of Entrants and as to the awarding of the prizes shall be final. Woosh Beauty is solely responsible for these decisions. The prizes will be sent to the winner at the address he/she provides. Prizes may not be assigned to third parties. Woosh Beauty is not responsible for delays in delivery, loss, or damages of the prize. The winner shall bear all risk of loss to the prize after it has been processed for delivery. Woosh Beauty is not under any obligation to provide the winner with any substitute prize. Woosh Beauty Even Eye Stencils is not redeemable for cash. Woosh Beauty reserves the right to substitute a prize of equal or greater value without notice. The winners shall be solely responsible for all Federal, state and local taxes, registration fees, license fees, and other costs associated with winning and redeeming the prize.
List of Sweepstakes Winners/Official Rules. For results of the Sweepstakes and/or copy of these Official Rules, please send an e-mail to firstname.lastname@example.org, Subject Line: Sweepstakes. Please indicate which Sweepstakes results or Official Rules you are requesting. Requests must be received no later than thirty (30) business days following the last day of the Sweepstakes Period.
- General Provisions. By entering the Sweepstakes, each Entrant agrees to waive any right to claim any ambiguity or error in the Official Rules, or in the Sweepstakes itself, and agrees to be bound by the Official Rules and by all decisions of Woosh Beauty, which decisions will be binding and final in all respects. Woosh Beauty may modify or suspend all or any portion of the Official Rules by posting a notice on the Woosh Beauty website. Any delay or failure by Woosh Beauty to seek enforcement of any term of the Official Rules shall not constitute a waiver of any such provision of the Official Rules. The Sweepstakes Entities shall not be responsible for entries that are late, destroyed, incomplete, lost, misdirected, forged, damaged, mutilated, tampered with or that are otherwise not in compliance with the Official Rules. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provision will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If, for any reason, the Sweepstakes is not capable of running as originally planned, Woosh Beauty in its sole and absolute discretion, reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof. All applicable Federal, state, and local laws, rules and regulations shall apply to the Sweepstakes.
Any attempt by a person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law. Should such an attempt be made, Woosh Beauty reserves the right to seek damages from any such Entrant to the fullest extent permitted by law and to disqualify such person from the Sweepstakes.
- Arbitration and Choice of Law. Except where prohibited by law, as a condition of participating in the Sweepstakes, each Entrant agrees that: (i) any and all disputes and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under rules of the American Arbitration Association and held at the AAA regional office located in New York; (ii) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (iii) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will an Entrant be permitted to obtain awards for, and each Entrant hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorney’s fees, other than such Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering the Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of contestants and Woosh Beauty in connection with the Sweepstakes, shall be governed by, and construed in accordance with the substantive laws of the State of New York without regard to New York choice of law rules.