THE FOLLOWING RULES AND RESTRICTIONS (“OFFICIAL RULES”) SHALL APPLY TO THE 2020 BEYOND GLOW SKIN CARE GIVEAWAY AND BY SUBMITTING AN ENTRY TO THE GIVEAWAY, YOU AGREE TO THE ENTIRETY OF THE OFFICIAL RULES:
NO PURCHASE NECESSARY. ANY PART OF THE OFFICIAL RULES ARE VOID WHERE PROHIBITED. ALL FEDERAL, STATE, LOCAL AND PROVINCIAL LAWS AND REGULATIONS APPLY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1) PRELIMINARY INFORMATION: Beyond Glow Skin Care Giveaway (“Giveaway”) will begin on September 21, 2020 at 10:00:01 A.M. CT and end on September 30th, 2020 at 12 p.m. CST(“Giveaway Period”), with an entry period that begins September 21, 2020 at 10:00:01 A.M. CT and ends on September 30th, 2020 at 12 p.m. CST (“Entry Period”). All times in the Giveaway refer to Central Time (“CT”). Odds of winning depend upon number of eligible entries received. Giveaway is subject to all applicable federal, state and local laws.
2) SPONSOR: Farouk Systems, Inc., 250 Pennbright Drive, Houston, TX 77090 shall be the sponsor (“Sponsor”) of the Giveaway.
3) ELIGIBILITY: Entry is open to persons who are new or current Facebook subscribers to CHI and who are at least eighteen (18) years of age and older as of September 21, 2020, and who are permanent, legal United States (“U.S.”) resident of the forty-eight (48) contiguous United States or the District of Columbia and are physically located and residing therein as of September 21, 2020 (individually, “Entrant” and collectively, “Entrants”). Residents of the states of Alaska and Hawaii, and residents of Guam, Puerto Rico, the U.S. Virgin Islands and all other U.S. Territories and possessions are not eligible to enter or win this Giveaway. Entrants and Sponsor shall be referred to throughout the Official Rules individually as “party” and collectively as “the parties”. Officers, directors, and employees of Giveaway Entities, as defined below, members of these persons’ immediate families, including spouses, parents, children, and siblings, and their spouses, regardless of where they reside, and persons living in the same households as such persons, whether or not related thereto, are ineligible to enter or win the Giveaway. Giveaway Entities shall include Sponsor and its licensors, divisions, subsidiaries, affiliates, licensees, advertising, promotion and public relations agencies, and each of their respective officers, directors, employees, agents, representatives, agencies, and any other person or entity involved in the creation, promotion or administration of the Giveaway.
4) HOW TO ENTER AND OWNERSHIP OF ENTRY AND RELATED MATERIALS: To enter the Giveaway, during the Giveaway Period, Entrants must adhere to the following Entry Guidelines:
The following mandatory Entry Guidelines apply to the Entry and any subsequent Entries submitted for use in the Giveaway:
To qualify, each Entrant must “like” @chihaircare giveaway post on Facebook and Instagram, follow the @beyondglowskincare account on Instagram, and “tag” two (2) friends in the comments.
Each Entrant hereby grants to Sponsor all rights, title, and interest in and to the Entry including without limitation all copyright, trademark, trade dress, service mark, and patent rights. To the extent the grant of rights in the foregoing sentence is not effective or held by any court of competent jurisdiction to be invalid for any reason, each Entrant grants to Sponsor a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display each submitted Entry and Entrant’s name, city, state, image, likeness, and voice, in any and all media now known or hereafter invented, and the unrestricted right to use, copy, modify, edit, and create derivative works thereof without additional compensation, notification, permission or approval, and agrees to execute documents confirming such right and license at Sponsor’s reasonable request. Entrants may not copy or otherwise plagiarize any portion of the Entry from any source. All Entries must be received by 12:00:00 P.M. CT on September 30, 2020 to be eligible for the Giveaway.
You may submit as many Entries as you would like provided each Entry is a separate Facebook posting. No information regarding Entries or judging, other than as otherwise set forth in these Official Rules, will be disclosed. Use of any automated or computer system to participate is prohibited and will result in disqualification.
5) WINNER SELECTION AND NOTIFICATION: Ten (10) Winners will be chosen at random from all qualifying entries. All decisions made by the judges are final. The winners will be notified by a direct message on Instagram or Facebook. The potential Winner may then be required to sign and return, via fax/email, an Affidavit of Eligibility and Liability and Publicity release (except where prohibited by law) and assignment of rights (or a Declaration of Compliance for Canadian potential Winner) within two (2) days of notification attempt or prize will be forfeited and an alternate Finalist may be chosen, time permitting. Affidavit/Declaration will be sent via email and/or overnight delivery and Finalist will need to return the Affidavit within two (2) days of notification via fax or email and send the original Affidavit back via mail. If a potential Winner cannot be reached, if he or she is found to be ineligible, if he or she cannot or does not comply with these Official Rules, potential Winner will be disqualified and, time permitting, an alternate potential Winner may be selected and the steps above will be followed.
Any potential Winner may be disqualified and an alternate potential Winner may be selected from the remaining eligible Entries at Sponsor’s sole discretion. By returning completed documentation, Winner attests to the authenticity of their Facebook page posting. These documents will have the same force and effect as the originals.
6) PRIZES: Each Winner will win one (1) Beyond Glow Skin Care kit valued at $386.00.
Winners may receive an IRS Form 1099 from Sponsor for the total ARV of Prize for the calendar year in which Prize was awarded. All Prize details will be determined by Sponsor in their sole discretion. Sponsor reserves the right to substitute Prize (or a Prize element) of comparable or greater value for any reason at their sole discretion.
Sponsor will mail physical Prize within eight (8) weeks of the Giveaway Period end date. In the event that Prizes are not available within eight (8) weeks of Giveaway Period end date for any reason (as determined by Sponsor in its sole discretion), Sponsor reserve the right to take up to three (3) additional weeks to mail Prizes. In the event Prize is returned as undeliverable mail without a forwarding address, such potential Winner will be disqualified and, no additional Winner will be selected.
Each Winner is responsible for any tax liability. No transfer, substitution or cash equivalent for any prizes will be permitted, except at the sole discretion of the Sponsor due to prize unavailability for any reason, including but not limited to, cancellation, scheduling conflicts or an event of force majeure. In that event, an alternate prize/prize component of equal value will be awarded and the Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation will be provided. No responsibility or liability is assumed for damages, losses or injury resulting from acceptance or use of any prize.
7) CONDITIONS: Each entrant hereby indemnifies, defends, and holds harmless Giveaway Entities and their respective agents, officers, directors, and employees from and against any and all liability, claim, cause of action, illness, injury, death, loss, litigation, damage, attorney’s fees, costs, expert fees, and expenses related to or that arises out of: (A) any act or omission of the entrant or any third-party, whether caused by negligence or not. The entrant acknowledges that the Giveaway Entities 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 any of the Prize Packages. Each entrant represents and warrants that he or she is the owner or authorized representative of the image submitted and that he or she has the authority to grant Sponsor the permission and rights herein granted, and that no one else’s permission is required. Failure to comply with these conditions may result in disqualification from the Giveaway at Sponsor’s sole discretion. These rules are subject to change at any time at the sole discretion of Sponsor. Notification of any such change will be posted at www.farouk.com or Sponsor’s social media pages.
8) DISPUTES: THE GIVEAWAY IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN HOUSTON, TEXAS. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSION OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION IN THE STATE OF TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF HARRIS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF, EXCEPT AS SET FORTH IN THE INDEMNIFICATION PROVISIONS ABOVE.
9) WINNER: Each Winner will be notified on a Facebook and Instagram post at the end of the Giveaway period on September 30, 2020, after 12:00 P.M. CT.
11) GENERAL PROVISIONS: These Official Rules constitute the entire agreement between Giveaway Entities and you. They supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written related to the subject matter herein. The parties are independent contractors. Involvement in the Giveaway does not operate to create any agency, employment, partnership, joint venture, franchise or other similar or special relationship between the parties, and nothing contained in these Official Rules shall be construed to make either party an agent, partner, representative or principal of the other for any purpose. Neither party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party, whether express or implied, or to bind the other party in any respect whatsoever. Neither party shall be liable to the other party for any delay or omission in the performance of any obligation under these Official Rules where the delay or omission is due to any cause or condition beyond the reasonable control of the party obliged to perform, including, but not limited to, strikes or other labor difficulties, acts of God, severe weather events, acts of government, including with respect to the refusal to issue necessary import or export licenses, pandemic, epidemic, war, riots, embargoes, or inability to obtain supplies (“Force Majeure”). If Force Majeure prevents or delays the performance by a party of any obligation under these Official Rules, then the party claiming Force Majeure shall promptly notify the other party thereof in writing. The waiver by either party of a breach, default, or right in any of the provisions of these Terms and Conditions by the other party shall not be construed as a waiver of any succeeding breach, default, or right of the same or other provisions. The headings and captions contained in this Agreement are for reference purposes only and are not intended to affect the meaning or interpretation of this Agreement.
©2020 Farouk Systems, Inc. All rights reserved. Official Rules may be copied for personal use only and not for any commercial purposes whatsoever.