“REFLECT BEAUTY BOX GIVEAWAY”
INSTAGRAM SWEEPSTAKES – REFLECT BEAUTY, INC. – February 2020 (the “Sweepstakes”)
Official Sweepstakes Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. NO ENTRY FEE, PAYMENT, OR PROOF-OF-PURCHASE IS REQUIRED TO PARTICIPATE IN THIS SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN CLASS ACTION FORMAT.
ENTRY VIA INSTAGRAM, INSTAGRAM ACCOUNT AND INTERNET CONNECTION REQUIRED. ENTRANTS MAY NOT BE ABLE TO PARTICIPATE IN THE SWEEPSTAKES USING “PROTECTED” INSTAGRAM ACCOUNTS.
1. NAME OF SPONSOR & ADMINISTRATOR: Reflect Beauty, Inc., Mirror Digital, Inc. (“Administrator”), and their respective affiliates and subsidiaries, advertising and promotional agencies, suppliers of prizes, material and services related to this Sweepstakes (individually, and collectively “Sponsor”). Instagram is not a sponsor of this Sweepstakes and does not endorse or otherwise have anything to do with this Sweepstakes.
2. ELIGIBILITY: The Sweepstakes is open only to those who are permanent legal residents of the fifty (50) states of the U.S. and the District of Columbia, who are physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions and all Overseas Military Installations). Sponsor and Administrator, Lions Gate Entertainment Corp., and each of its employees, affiliates, subsidiaries, advertising and promotion agencies, suppliers (collectively the “Employees”), and members of their immediate families and people living in the same household of each are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
3. SWEEPSTAKES ENTRY PERIOD: Commencing on February 5, 2020 and ending on February 7, 2020 (the “Sweepstakes Period). Entries must be submitted by 11:59:00 PM PST on the Friday, February 7, 2020. Limit one (1) entry per person/Instagram Account, per day during the Sweepstakes Period. Subsequent attempts made by the same individual to submit multiple entries by using multiple Instagram accounts or otherwise may be disqualified. Entries become property of Sponsor and will not be acknowledged or returned. Sweepstakes Period shall be comprised as follows:
a. Wednesday, February 5, 2020 9:00:00 PM PST to Friday February 7, 2020 11:59:00 PM PST
4. TO ENTER: Online entry online. No other method of entry will be accepted.
To enter the Sweepstakes and to qualify for Entry, Entrant must: (i) have an Instagram account; (ii) follow Sponsor Account on Instagram (@_reflectbeauty_); (iii) have an internet connection; (iv) be considered a member in good standing with Instagram, LLC, as determined by Instagram, LLC in its sole discretion; and (v) follow the instructions in the call to action relating to #REFLECTBEAUTYGIVEAWAY provided in any Instagram message posted by Sponsor that indicates there is a chance to enter to win Prize(s), including tagging two (2) friends on the @_reflectbeauty_ post, and typing the exact unique term called for in Sponsor’s post calling for entries (“Entry”). Sponsor, at its sole discretion, may accept a technically incorrect unique term. For the avoidance of doubt, Entrant’s Entry must be a separate post on Entrant’s Instagram Account referencing the Sweepstakes advertised on Sponsor’s Instagram account (i.e., “@_reflectbeauty_”). Any posts that do not appear as a response on the Entrant’s Instagram Account to the specific post calling out the Sweepstakes on Sponsor’s Instagram account will not be entered into the Sweepstakes. NOTE: If Entrant’s Instagram account is set to “protected mode” or “private,” Entrant’s Entry may not be visible to Sponsor and may not be received by Sponsor. All Entries must be submitted by the end of the Sweepstakes Period listed above. Sponsor and Administrator will not be responsible for lost, stolen, misplaced or misdirected entries.
NOTE ABOUT “PRIVATE” OR “PROTECTED MODE”: Sponsor may not receive entries from Instagram users with “protected” or “private” updates (i.e., user has set their account so that only people the user has approved can view their updates) due to the way Instagram operates its service.
Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive, profane or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. As a condition of entering the Sweepstakes, each Entrant (or if the Entrant is a minor, said Entrant’s parent or legal guardian) gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules. In the event of a dispute over the identity of an Entrant, entry will be deemed submitted by the authorized account holder of the e-mail address associated with the Instagram account of the entry, which the Entrant will have the obligation to establish. The “authorized account holder” is defined as the person assigned to an e-mail address by an Internet access provider, online service provider and/or other organization responsible for assigning e-mail addresses. All materials submitted become the property of Sponsor and will not be returned. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Illegible and/or incomplete entries and entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
NOTE ABOUT MOBILE: If Entrant opts to receive Sponsor’s Instagram updates via Entrant’s wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), data charges may apply for data sent or received from Entrant’s handset according to the terms and conditions of Entrant’s service agreement with Entrant’s wireless carrier. Other charges may apply (such as normal airtime, data charges and carrier charges) and may appear on Entrant’s mobile phone bill or be deducted from Entrant’s prepaid account balance. Wireless carriers’ rate plans or data plans may vary, and Entrant should contact Entrant’s wireless carrier for more information on messaging rate plans and charges relating to Entrant’s participation in this Sweepstakes. Participation in this Sweepstakes by mobile phone means that Entrant understands that Entrant may receive additional data from Sponsor relating to this Sweepstakes, including to notify Entrant if Entrant is a potential winner in this Sweepstakes, which will be subject to the charges pursuant to Entrant’s carrier’s rate plan. Use of Instagram may not be available from all mobile phone service carriers and handset models. Cell phone service may not be available in all areas. Entrant should check Entrant’s phone’s capabilities for specific instructions.
Sponsor and Administrator reserve the right to cancel, terminate, or modify any entry not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, or technical failures of any sort. Submissions that do not comply with these Official Rules will be void, eliminated and not eligible for consideration.
Entrant can announce via tweet, or Instagram social media post their participation in the Sweepstakes by sharing the official Sweepstakes Social Media Post issued by Sponsor to Entrant to invite others to participate in the Sweepstakes.
5. SWEEPSTAKES RANDOM DRAWING: Random drawings shall be held on Friday during the Sweepstakes Period will be conducted by Administrator starting on or about 3:00:01 PM PST on February 7, 2020, from among all eligible entries received. One (1) winner will be selected by Sponsor. The odds of winning will depend upon the total number of eligible entries received.
6. WINNER NOTIFICATION: Winner(s) will be announced by Administrator through an Instagram Story Post on Sponsor’s @_reflectbeauty_ Instagram account (“Issuance of Notification”). Response to Winner Notification must be received by Administrator within twenty-four (24) hours or the Prize will be forfeited and may be awarded to an alternate winner, time permitting. If for any reason, prize is not claimed or winner is disqualified, Prize will be awarded to an alternate winner, time permitting, selected at random from remaining valid, eligible entries that have been timely submitted.
If for any reason the Sweepstakes is not capable of running as planned, Sponsor and Administrator reserve the right at its sole discretion, to cancel, terminate, modify and/or suspend the Sweepstakes. Further, Sponsor and Administrator reserve the right to require Winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity will not bring the Sponsor and Administrator into public disrepute, contempt, scandal or ridicule or reflect unfavorably as determined by the Sponsor and Administrator in their sole discretion. Winner must also identify Winner’s potential guest to Sponsor, and Sponsor may, at its option, conduct the same background check and process applicable to Winner. Notwithstanding the foregoing, Sponsor and Administrator reserves the right to disqualify any potential guest in its sole discretion.
7. GROUNDS FOR DISQUALIFICATION: Sponsor and Administrator reserve the right, in their sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or any website of the Sponsor and Administrator; (b) violating the Official Sweepstakes Rules; or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass another entrant, Sponsor and Administrator, or any other person. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law, and should such an attempt be made, Sponsor and Administrator reserve the right to seek damages from any such person to the fullest extent permitted by law.
8. PRIZE DESCRIPTIONS, SCHEDULES AND VALUES: The “Prize” consists of the following:
GRAND PRIZE : Awarded during February 5, 2020 to February 7, 2020
• One (1) Grand Prize Reflect Beauty Giveaway which shall include Curls hair products. Sponsor and Administrator accepts no responsibility for any costs associated with the Prize that are not expressly included in the Prize.
The Total Value of the Prize is approximately $340.00.
A total of One (1) Grand Prizes will be awarded to winner.
9. PRIZE CONDITIONS: Winners are solely responsible for all costs, incidentals, taxes, and any other expenses not specifically mentioned as being included. Winner will be responsible for any additional costs and incidentals associated with the Prize. Sponsor and Administrator are not responsible for delays in delivery of a Prize (or Prize components). All other expenses and items not specifically mentioned in these Official Rules are not included and are each winner’s sole responsibility including transportation. The Prize is non-transferable and non-assignable. Prizes may not be exchanged. All federal, state, and local taxes associated with the receipt of any prizes are the sole responsibility of the Winner. Winner’s guest must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age). No alternate prize will be rewarded.
10. GENERAL CONDITIONS: Sponsor and Administrator reserve the right to cancel or modify the Sweepstakes if fraud, technical failures, or any other factor impairs the integrity of the Sweepstakes, or for any other reason or for no reason, as determined by the Sponsor and Administrator in their sole discretion. In such event, Sponsor and Administrator reserve the right to (but are not required to) award the prizes at random from among all non-suspect, eligible entries received up to the time of the impairment or cancellation. By entering, you: (a) agree to release the Sponsor and Administrator from all liability, injuries, loss and/or damage of any kind arising from your participation in the Sweepstakes and the acceptance, possession and use/misuse of any prize; (b) agree to be bound by these Official Rules and the decisions of the Sponsor and Administrator; and (c) give your express permission to be contacted by Sponsor and Administrator by email, mail or phone. You further consent to the use of your name, address, image, voice, likeness, statements, biographical material, as well as any additional photographic images, video images, portraits, interviews or other materials relating to you and arising out of your participation in this Sweepstakes (with or without using your name) in any media, whether now known or hereafter invented, throughout the world for any purpose whatsoever, without limitation, and without additional review, compensation, or approval from you or any other party (except where prohibited by law). As a condition of being awarded any prize, except where prohibited by law, each winner consents to the use of his or her name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation. Further, as a condition of being awarded any prize, each winner may be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion. All applicable federal, state and local laws and regulations apply. The Sweepstakes is governed by laws of the United States and all claims must be resolved in the United States. You further agree that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually without resort to any form of class action, and exclusively by the United States District Court for the Southern District of California or the appropriate California State Court located in Los Angeles County, California. Should any of the provisions of the Official Sweepstakes Rules be found to be invalid or unenforceable by any court of competent jurisdiction, that portion shall be deemed severed or restricted and the remainder of the Sweepstakes Rules shall remain in full force and effect. The failure of Sponsor and Administrator to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. RELEASE AND INDEMNIFICATION: You release, and agree to indemnify and hold harmless, Sponsor and Administrator, and their respective officers, directors, employees and agents (the “Released Parties”) from and against all claims (know and unknown), liabilities, injuries, death, loss and/or damages of any kind arising from your participation in the Sweepstakes or the acceptance, possession or use or misuse of the prize. You assume all risks associated with the Sweepstakes or use or misuse of the prize, and you agree that the Released Parties will not be responsible or liable for any injury, harm, death, damages, costs or expenses.
12. LIMITATION OF LIABILITY: In no event will Sponsor or the Administrator be responsible or liable for any damages or losses of any kind, including without limitation direct, indirect, incidental, consequential, or punitive damages, arising out of any access to and/or use of the Website, the downloading from and/or printing material downloaded from the Website, the removal from the Website of, or discontinuation of access to, any materials, or the acceptance, possession, use, or misuse of, or any harm resulting from the acceptance, possession, use or misuse of, or participation in, any prize awarded in connection with the Sweepstakes. without limiting the foregoing, the Sweepstakes, all Prizes, and all materials provided on or through the Website are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Notwithstanding anything set forth above, to the extent that the preceding release is determined by a tribunal of competent jurisdiction to be invalid, unenforceable or void for any reason, each Entrant agrees that, to the fullest extent permitted by law (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any awards awarded shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by such Entrant, but in no event attorney’s fees and no greater than $1,000; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, incidental, punitive or consequential damages.
13. WINNERS LIST: For a Winners list, email email@example.com, with the subject line: “Reflect Beauty Giveaway Box Sweepstakes”. Requests must be received by February 9, 2020.
14. INSTAGRAM/FACEBOOK: This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram and/or Facebook.
© 2019 Reflect Beauty, Inc. All rights reserved.