Official Rules for Miami Giveaway

REFRESHMENTS MIAMI SWEEPSTAKES

OFFICIAL RULES

Important: Please read these Official Rules before entering this Sweepstakes (the “Sweepstakes”). By participating in this Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.

Sweepstakes void where prohibited by law. Subject to applicable federal, state, and local laws.

1. Eligibility: The Sweepstakes is open only to legal residents of the 50 United States, or the District of Columbia who are at least 18 years old (or the legal age of majority in their jurisdiction of residence, whichever is older) upon entry. Directors, officers, members, managers, and employees of Beauty Perspectives LLC (“Sponsor” or “Refreshments”); Instagram, Inc.; and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouses, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below. SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, INC.

2. Sweepstakes Period: The Sweepstakes starts at 12:00:01 a.m. Pacific Time (PT) on September 29, 2021 and ends at 11:59:59 p.m. PT on October 1, 2021 (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period and meet all other requirements in these Official Rules to be eligible to win a prize. Sponsor’s or its designee’s computer is the official time-keeping device for the Sweepstakes.

3. How to Enter: To enter, during the Sweepstakes Period: (i) Log-in or join Instagram at www.instagram.com and set your account to “public” (joining Instagram is free); (ii) follow @MYREFRESHMENTS on Instagram; (iii) post a photo or video showing us how you #BoogieWithRefreshments; and (iv) tag @MYREFRESHMENTS, #BoogiewithRefreshments, and #RefreshmentsGiveaway in your post.

By submitting an entry as instructed through any of the above methods (“Submission”), you agree that your Submission conforms to the Guidelines and Restrictions below. Sponsor may choose to remove any Submission or disqualify you from the Sweepstakes if it believes that your Submission fails to conform with the Guidelines and Restrictions. Upon completion of all required entry steps and compliance with the Guidelines and Restrictions, you will automatically receive one entry into the Sweepstakes.

Limit: ONE ENTRY PER PERSON DURING SWEEPSTAKES PERIOD, REGARDLESS OF METHOD OF ENTRY. Any attempt to obtain additional entries, including through multiple or duplicate accounts will result in disqualification.

Submission Guidelines and Restrictions:

a. Your Submission must not include or refer to untruthful, incomplete, inaccurate or misleading information.

b. Your Submission must be your original creation and be owned 100% by you, or, alternatively, you must have the full rights to grant the license and other rights that you grant to Sponsor in Section 11 below.

c. Your Submission must not (in Sponsor’s discretion): (i) violate any third party rights, including copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) -2- 153975272.1 include threats to any person, place, business, or group; (iv) be obscene, offensive, or indecent; (v) depict any risky behavior; (vi) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; or (vii) contain unauthorized third party trademarks or logos.

d. You represent and warrant that: (i) the Submission does not violate any applicable law, rule or regulation; (ii) to the extent the Submission depicts any individual or features the voice or other qualities of any individual, you are the individual pictured, heard, or otherwise featured in the Submission, or, alternatively, that you have obtained written permission from each person appearing in the Submission to grant the rights to Sponsor described in these Official Rules, and will make written copies of such permissions available to Sponsor upon request; (iii) the Submission complies with the Instagram and refreshments.com terms of use; and (iv) the Submission complies with all requirements of these Official Rules.

If participating in this Sweepstakes via your mobile device (which service may only be available via select devices and participating wireless carriers and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Wireless carrier rates vary, so you should contact your wireless carrier for information on your specific data plan.

4. Identity of Entrant: All Submissions must be submitted by the individual entrant. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same email account. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor’s discretion.

In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address associated with the account on which the Submission is made. An “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 (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide Sponsor with proof that a potential winner is the authorized account holder of the account associated with the winning entry.

4. Selection and Notification of Winner(s): On or about October 4, 2021 Sponsor will select the name of one potential winner in a random drawing from among all eligible entries at Sponsor’s headquarters as listed in Section 17 below. The odds of winning depend on the number of eligible entries received during the Sweepstakes Period.

Each potential winner will be notified via direct message on or about October 4, 2021. To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return, within three days of being notified, an Affidavit of Eligibility and Liability/Publicity Release in order to claim their prize. If (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) any required documents are not returned within three days, such as the Affidavit of Eligibility and Liability/Publicity Release; or (iii) if potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. Alternate drawings will be held until the prize is awarded. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the above selection process from among all eligible claimants making purportedly valid claims to award the prizes available.

Verification of Potential Winner: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.

6. Prize: One winner will receive (i) two tickets to an upcoming IPSY event in Miami, Florida (the “Event”) (Approximate Retail Value (“ARV”): $0 USD); (ii) two nights of lodging in or around Miami, Florida (ARV: $1,000); and (iii) round trip airfare for winner and one Companion (defined below) to and from an airport near the winner’s residence and an airport near Miami, Florida (ARV: $1,000). Total ARV of all prizes: $2,000 USD.

Prize and Travel Restrictions: ALL FEDERAL, STATE, AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to (i) substitute a prize of equal or greater value for any prize and/or (ii) cancel or postpone the Event due to COVID-19 or other pandemic-related reasons and award winner tickets, lodging, and airfare for the postponed Event or a different IPSY event. Sponsor will not replace any lost or stolen prizes or prize components. Only the number of prizes stated in these Official Rules are available to be won in the Sweepstakes. Limit ONE prize package per winner.

COVID-19 Event Requirements: Winner and their Companion must comply with all of the Event’s applicable and then-current COVID terms, policies, and requirements (e.g., proof of vaccination before the Event, proof of a negative COVID-19 before the Event, and requirements to wear a mask or other personal protective equipment during the Event as applicable). Sponsor will provide Winner and their Companion the latest COVID terms, policies, and requirements, which may be updated from time to time, before the Event.

Sponsor will provide round trip coach-class airfare for winner and their guest (“Companion”) from a major airport close to the winner’s home within the 50 United States or District of Columbia (“Winner’s Home”) to Miami, Florida. Sponsor or its designee will determine which airport is closest to the Winner’s Home. Sponsor will provide ground transportation (1) to and from airport to Winner’s Home and (2) to and from destination airport to lodging of winner and Companion in or around Miami, Florida. Sponsor will provide winner and Companion one doubleoccupancy lodging for two nights at a location in or around Miami, Florida. Air transportation, hotel accommodations, ground transportation, and other elements of prize are determined by Sponsor or its designee and must be taken together and cannot be taken separately. The Sponsor or its designee will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the winner’s possession. Any unclaimed or unused prize (or portion of the prize package) will remain the property of Sponsor.

Any amendment fees or charges incurred due to any changes to the purchased flights are the responsibility of the winner. All costs not explicitly set forth in these Official Rules are the sole responsibility of the winner, and Sponsor will not provide any compensation or reimbursement for these costs, including Visa requirements, valid passports, travel insurance, spending money, meals, taxes (excluding airline and airport taxes), vaccinations, transfers, items of a personal nature, excess baggage, in-room charges, other ancillary costs, and any applicable insurance excesses. Air travel is subject to the airlines Condition of Carriage.

To the fullest extent permitted by applicable law, Companion may be required to sign a liability/publicity release to be eligible to travel with winner to Miami, Florida. To be eligible to travel to Miami, Florida and attend the Event, Companion must be at least 18 years old. Companion agrees to release and indemnify Sponsor pursuant to Sections 7, 8 and 9 of these Official Rules, and as otherwise set forth in a liability/publicity release.

Except for applicable manufacturer’s standard warranties, the prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose).

7. Disclaimer: Sponsor, Instagram, Inc.; and all of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Released Parties’ reasonable control; (c) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Sweepstakes.

8. Release of Liability: By entering this Sweepstakes, you agree to release and hold harmless Sponsor and the Released Parties from any injury, loss or damage to person, including death and illness, or property due in-whole or in-part, directly or indirectly, to the acceptance or use/misuse of any prize, attendance at the Event, participation in any Sweepstakes-related activity, or participation in the Sweepstakes.

You understand and acknowledge that attendance at the Event may involve many people, simultaneously, and that by the nature of the Event, you may come into contact with surfaces, objects, circulated air or persons that have been exposed to or carry the COVID-19 virus or another communicable disease. You understand that the inherent nature of attending or participating in the Event may present a risk of illness or injury and that even if Sponsor were to use reasonable care in its operations, illness or injury may still occur and these are risks that cannot be eliminated. You understand and accept any and all risks, whether known or unknown to you, of participating in the Sweepstakes and agree to waive, release and discharge Sponsor and Released Parties from any and all liability for illness, personal injury, disability, or claims of any nature.

9. Limitations of Liability; Releases: By entering the Sweepstakes, you release Sponsor and all Released Parties from any liability whatsoever, 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 Sweepstakes or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses and damages related to 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 FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS RENTED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.

10. Use of Use of Name, Likeness, etc.: To the fullest extent permitted by applicable law, entry into the Sweepstakes constitutes permission to use your name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, except where prohibited by law, winner may be required to execute a consent to the use of their name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Sweepstakes, you consent to being contacted by Sponsor for any purpose in connection with this Sweepstakes.

11. License to Submission: By entering the Sweepstakes and providing your Submission in connection with the Sweepstakes, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license, (with the right to subicense), to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission, or any portion thereof (including your name and likeness as shown and conveyed in the Submission), in connection with the Sweepstakes and for other advertising, marketing, and promotional purposes, and to incorporate Submissions, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree -5- 153975272.1 that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor's expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Submission.

12. Privacy: See Sponsor’s Privacy Policy at https://www.refreshments.com/privacy

13. Winner List; Rules Request: For a copy of the winner list, send a stamped, self-addressed, business-size envelope for arrival after October 14, 2021, and before October 14, 2022, to the address listed in Section 17 below, Attn: Refreshments Miami Sweepstakes. To obtain a copy of these Official Rules send a stamped, self-addressed business-size envelope to the address listed in Section 17 below, Attn: Refreshments Miami Sweepstakes. VT residents may omit return postage.

14. Intellectual Property Notice: Refreshments is a trademark of Beauty Perspectives LLC. The Sweepstakes and all accompanying materials are copyright © 2021 by Beauty Perspectives LLC. All rights reserved.

15. Disputes: EACH ENTRANT AGREES THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OR THE APPROPRIATE STATE COURT LOCATED IN SAN MATEO COUNTY, CALIFORNIA. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.

16. General Conditions: Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to modify, suspend or cancel the Sweepstakes or any entrant's participation in the Sweepstakes should viruses, bugs, unauthorized human intervention, pandemics, public disruptions, or other causes beyond Sponsor's reasonable control affect the administration, security or proper play of the Sweepstakes, or Sponsor otherwise becomes (in its discretion) incapable of running the Sweepstakes as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Sweepstakes, tamper with the operation of the Sweepstakes or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes or any other entrant (as determined in Sponsor's discretion) are subject to disqualification from the Sweepstakes. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Sweepstakes. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.

17. Sponsor: Beauty Perspectives LLC, 201 Baldwin Ave. 2nd Floor, San Mateo, CA 94401.