“EOS Lip Balm Giveaway” OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
2. Disclaimer. Sweety High and their respective parent companies, subsidiaries, affiliates, directors, members, shareholders, officers, professional advisors, employees and agencies (collectively, the “Related Entities”) will not be responsible for: (a) any late, lost, misrouted, garbled, distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures or by any of the equipment or programming associated with or utilized in this Giveaway which may limit the ability to play or participate, or by any human error that may occur in winner notification or other Giveaway-related communications, or the processing, review, or tabulation of the entries in this Giveaway; (c) any Giveaway disruptions, injuries, losses or damages caused by events beyond the control of the Related Entities; or (d) any printing or typographical errors in any materials associated with the Giveaway, for reasons beyond Sweety High’s control. If by reason of a printing or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised prize available. No more than the advertised prize will be awarded.
3. Giveaway Period. The Giveaway shall commence on 12/21/2015, at 10:00 am PST and ends on 12/28/2015, at 5:00 pm PST (the “Giveaway Period”). All entries must be received during the Giveaway Period to be eligible to win the prize. Sweety High or its designee’s clock shall be the sole method of time keeping for the Giveaway.
4. How to Enter the Giveaway. During the Giveaway Period, you may enter the Giveaway by drafting a text comment as your content submission (each “Submission”) on the blog platform on the Sweety High Site. Only one Submission per individual is allowed. If you attempt or are suspected of attempting (in the sole discretion of Sweety High) to circumvent this limitation by any means, including but not limited to establishing multiple accounts, you may be disqualified from the Giveaway. One (1) winning submission will be chosen by designated Sweety High staff members out of all valid submissions based on the judging criteria below. If there are people besides you appearing in the Submission, you warrant and represent that you have obtained the permission of each person appearing in the Submission and that any such person agrees to appear in the Submission, and no further permission is required. Any Submissions which depict, utilize, or otherwise contain and/or glorify lewd, obscene, threatening, racist, illegal, vulgar, or profane language or behavior, either as part of the Submission or as the name of the Submission, or that violate any third party’s intellectual property rights or right of publicity, or that violate the Terms of Service or are otherwise deemed to be unsuitable for any reason by Sweety High in its sole discretion, will be disqualified and ineligible to win. All Submissions are subject to the following terms and conditions: Each entrant shall retain its ownership interest and applicable intellectual property rights in and to its Submission. However, each entrant hereby grants Sweety High, and its agents, affiliates, successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, fully-paid and royalty-free, sub-licensable and transferable license to use, distribute, transmit, display, make derivative works of and utilize all Submissions in any manner and for any purposes including, but not limited to, Sweety High’s advertising and marketing endeavors. Each Submission is, and will be treated as, non-confidential and non-proprietary. Sweety High retains the right to subsequently edit or otherwise modify all Submissions in any manner and for any purpose, but is under no obligation to do so. Each entrant hereby represents and warrants that it owns the Submission (and the content therein) submitted by it, or that it otherwise has the right to grant use thereof as set forth in this section, and that the posting of said Submission does not violate the privacy rights, publicity rights, copyright, trademark rights, contract rights, music performance and publishing rights, or any other rights of any person or entity. Sweety High reserves the right to use the Submission for any purpose, including, but not limited to, online Internet and wireless application protocol use, reproduction, disclosure, advertising and promotional activities, distribution, transmission, publication, and broadcast. Sweety High reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Submission for any purpose, including, but not limited to, developing and marketing products and/or services using such information, and each entrant acknowledges and understands there shall be no consideration, royalties or other compensation from Sweety High, its agents, affiliates or assigns for use of said Submission or the content therein. Further, each entrant (and her parent or legal guardian in the event entrant is a minor) and her respective heirs, hereby indemnifies, discharges, releases, and holds Sweety High and the Related Entities together with their respective parent companies, agents, affiliates, successors and assigns and their respective directors, members, shareholders, officers, employees, agents and representatives (collectively, the “Released Parties”), harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the Submission. If you do not agree to these terms, do not enter the Giveaway.
5. How To Win. Based on the judging criteria below, Sweety High shall determine the winners on or about December 30, 2015. The winners will be chosen at random.
6. Prize.One (1) Grand Prize Winner will receive a set of 11 EOS lip balms, PLUS 3 special edition holiday EOS lip balms. Prize must be accepted by parent or legal guardian of minor if minor is a prize winner. Winner will be notified by e-mail within forty-eight hours after determination by Sweety High. To claim the prize, the winner must follow the instructions contained in the notification, including submitting the winner’s physical address, phone number, email address and Instagram handle (or, if a minor, her parent’s or legal guardian’s physical address, phone number and email address) to Sweety High within forty-hours following notification. Sweety High will post an Instagram photo tagging the one winner to notify them of their status. If the winner does not have an Instagram handle, Sweety High will privately message the winner. If winner does not have an Instagram handle or wishes not to be tagged, that is acceptable. The winner may also be required to submit a signed Winner’s Affidavit within forty-eight hours of notification to the address below or as otherwise communicated by Sweety High or its designee. If a winner does not submit the required information and a signed Winner’s Affidavit, if applicable, within forty-eight hours, that winner may be deemed to have forfeited the Giveaway, and Sweety High may, in its sole discretion, select the next eligible winner. Further, in the event that Sweety High (or its designee) is unable to successfully contact or communicate with the winner, Sweety High may award the prize to the next eligible entrant. Sweety High, in its sole discretion, may require (i) copies of the winner’s government-issued photo identification (or, if a minor, her parent’s or legal guardian’s identification), or (ii) if a minor, the consent of winner’s parent or legal guardian in connection with receipt of the prize. Awarding of a prize does not constitute the respective prize-providing entities’ affiliation with, sponsorship, or endorsement of, the Giveaway. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. The prize will be awarded provided there are sufficient qualified entries. The prize is not transferable. No substitutions or exchanges (including for cash) of the prize will be permitted, except that Sweety High reserves the right to substitute a comparable prize in its sole discretion. The prize is awarded “AS IS.” Sweety High may provide a federal 1099 financial reporting form. If so provided, the form must be executed and returned to Sweety High per the instructions provided by Sweety High.
7. Judging. One winner will be chosen at random using a randomizer.
8. Sweety High Use of Submissions and Entrants’ Names and Likenesses. Unless prohibited by law, you hereby grant to Sweety High an irrevocable, perpetual, royalty free, worldwide license to use and utilize, alter, and publish your name, membership user name, likeness, image, voice, appearance and performance, in whole or in part, as the foregoing may be rendered in the Submission and/or in connection with the Giveaway, the Site, and Sweety High’s promotion or other exploitation thereof, regardless of whether such use is in conjunction with Sweety High’s use of the Submission or other entry materials. Submissions and other entry materials will not be returned to any entrant. Without limiting the generality of the foregoing, each entrant hereby acknowledges that Sweety High shall have the right to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and non-commercially exploit the Submission in perpetuity, worldwide, in any manner or medium now existing or hereafter developed, without any compensation, royalty, or other consideration to you or any other person or entity. You agree to take, at Sweety High’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sweety High to effect, perfect or confirm Sweety High’s rights as set forth above in this paragraph. You may not sell, sublicense or distribute the Submission or any derivative of the Submission without the express, written permission of Sweety High. In the event that the rights granted herein cannot be assigned to the extent required by this paragraph pursuant to the local law in which the entrant resides, the foregoing assignment of rights shall be modified to the extent necessary to comply with such local law while giving Sweety High the maximum rights possible to use and exploit the Submission.
9. Representations and Warranties. You hereby warrant and represent that (a) you own, or otherwise control all rights to the Submission and all entry materials submitted by you; (b) the Submission is an original work of authorship on your part and has not been copied or derived, in whole or in part, from any other work; and (c) the Submission does not violate, misappropriate or infringe upon any copyright, trademark, right of publicity, or other proprietary right of any other person or entity.
10. General Release. By entering the Giveaway, you release and hold the Released Parties harmless from any liability whatsoever in the event of personal injury, property damage, or death, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Giveaway, use of the Site, or delivery, misdelivery, acceptance, possession, use of or inability to use the prize, including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional, whether under a theory of contract, tort (including negligence), warranty or other theory, to the extent permitted by law. Each entrant hereby waives application of California Civil Code Section 1542 which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Entrant expressly waives the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waives any right to invoke said provisions now or in the future with regard to the Giveaway. Entrant further acknowledges and agrees that this waiver is an essential and material term of these Official Rules and the Giveaway.
11. Winner; Official Rules Request. You may request the name of the winners and the official rules by sending a self-addressed, stamped envelope by 12/01/2016 to: Sweety High, Inc., 4223 Glencoe Avenue, Marina Del Rey, California 90292.
12. Governing Law and Jurisdiction. You agree that the laws of the State of California, without regard to the principles of conflict of laws, will govern the Giveaway and these Official Rules. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Los Angeles County, California, and the related appellate courts, in any related action or proceeding. As a condition of participating in the Giveaway, you agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Official Rules shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental or consequential damages (including reasonable attorneys’ fees), other than your actual out-of-pocket expenses (i.e. costs associated with entering this Giveaway) and you further waive all rights to have damages multiplied or increased.
13. Miscellaneous. Entrants agree to be bound by these Official Rules and by the decisions of Sweety High, which are final and binding in all respects. Sweety High reserves the limited right to suspend, modify, or otherwise change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Giveaway or any entrant’s participation in the Giveaway in the event that viruses, bugs, network interruptions or failures, unauthorized human or electronic intervention or other causes beyond Sweety High’s control affect the administration, security or proper function of the Giveaway or the Site, or Sweety High otherwise becomes (as determined in its sole discretion) incapable of running the Giveaway as planned. Entrants (and any individuals acting on their behalf) who violate these Official Rules, tamper or otherwise interfere with the operation of the Giveaway, the Site, or engage in any conduct that is detrimental or unfair to Sweety High, the Giveaway or any other entrant (in each case as determined in Sweety High’s sole discretion) are subject to disqualification at any time during the Giveaway Period. Sweety High reserves the right to suspend, or otherwise disqualify persons whose eligibility is in question or who have been disqualified or are otherwise deemed to be ineligible to enter and/or further participate in the Giveaway. This may include removal of the entrant’s Submission. In connection with, and in event of all of the foregoing, an entrant may become ineligible to win the prize.
14. Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, if an individual or an entity has a good faith belief that a Submission infringes upon any third party copyright, please notify Sweety High address at 4223 Glencoe Avenue, Marina Del Rey, California 90292, ATTN: Copyright Department, or by email at email@example.com with the subject line stating “Copyright.” The DMCA notice MUST include the following: (i) describe the alleged infringement in detail; (ii) the copyright owner or who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) any DMCA notice must also contain the following statement: “I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.