Official Rules for Miami Giveaway
REFRESHMENTS MIAMI SWEEPSTAKES
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.
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.
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.