NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCEPT RESIDENTS OF RHODE ISLAND) WHO ARE AT LEAST 18 YEARS OF AGE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS.
SPONSOR: The Sponsor of the Win a Trip to Miami (the "Sweepstakes") is Skin Laundry Holdings, LLC., 3700 Newport Blvd. Suite 206 Newport Beach, CA 92663 ("Sponsor"), whose decisions are final and binding as to all aspects of this Sweepstakes. Any inquiries regarding this Sweepstakes are to be directed to Sponsor. Sponsor may promote and advertise this Sweepstakes using services provided by Instagram, Inc. ("Instagram"), Facebook, Inc. ("Facebook"), or Twitter, Inc. ("Twitter"); however, this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, or Twitter. Any inquiries regarding this Sweepstakes are to be directed to Sponsor.
BINDING AGREEMENT: These Official Rules ("Rules") constitute a legally binding agreement by and between Sponsor and entrant ("Entrant(s)"), and govern entry in the Sweepstakes. By participating, Entrants fully and unconditionally agree to abide by these Rules. Failure to comply with these Rules will void an Entrant's entry. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or Potential Winner may be required to provide proof of identification and eligibility as required by Sponsor. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any other Sweepstakes or promotional materials and the terms and conditions of these Rules, these Rules shall prevail, govern and control.
ELIGIBILITY: The Sweepstakes is open only to persons who are legal residents of, and physically located within, the 50 United States or the District of Columbia (except for residents of Rhode Island who are excluded from participating), and are at least 18 years of age or older at time of entry. An Entrant's entry into the Sweepstakes will be deemed to be a representation that the Entrant is 18 years of age or older. The Sweepstakes is void in Rhode Island, and all other United States territories outside the 50 United States, and where prohibited or restricted by law. All federal, state, and local laws and regulations apply. Employees of Skin Laundry Holdings, LLC., and their respective licensees, parent companies, subsidiaries, affiliates, suppliers, advertising and promotional agencies, and immediate family members (herein defined as spouse, parents, siblings, and children and each of their respective spouses, regardless of residence, and any person living in such a person's household, whether related or not) are not eligible to participate.
ENTRY PERIOD: The Sweepstakes begins at 9:01 a.m. Pacific Time ("PT") on January 31, 2019 and ends at 8:00 p.m. PT on February 13, 2018 (the "Entry Period"). Sponsor's computer is the official time-keeping device and Sponsor shall determine timeliness of entries in its sole discretion. Entries received after the Entry Period will not be eligible. Any proof of submission does not constitute proof of receipt. Entries will not be acknowledged or returned.
HOW TO ENTER: There is one method of entry via: (i) Instagram. Entries received in excess of the limits stated herein are void, and Entrant may be disqualified in Sponsor's sole discretion.
INSTAGRAM METHOD OF ENTRY: During the Entry Period, eligible participants can enter the Sweepstakes through the original post (LINK) by (i) “Liking” the post; (ii) Tagging a friend with an active Instagram account (iii) Follow accounts @skinlaundry @shoreclubsouthbeach @katsuyabysbe. By doing so, entrant will automatically be entered into the Sweepstakes. There is no cost to register for an account on the Instagram.
RANDOM DRAWING AND NOTIFICATION: On or about February 13th, 2018, Sponsor will select one (1) potential winner ("Potential Winner") in a random drawing from all eligible Entries received during the Entry Period (closed February 13th, 8:00PM PDT). The winner is considered a Potential Winner pending verification of eligibility and compliance with these Rules. Potential Winner will be contacted by e-mail approximately two (2) business days after the random drawing, and provided contact information given to Sponsor. If Sponsor is unable to contact any Potential Winner or if the Potential Winner fails to comply with these Rules or applicable law, the Potential Winner’s Prize is forfeited and an alternative winner will be randomly selected.
The Prize will be awarded within approximately two (2) business days after the winner is verified by Sponsor and all "Winner Requirements" (detailed in section 8 below) have been met.
In the event of a dispute over the identity of the winner, Entries will be deemed made by the authorized account holder of the email account submitted at the time of Entry. The authorized account holder is defined as the natural person to whom the Instagram account belongs to. Sponsor will disqualify anyone suspected of entering by opening two separate accounts with different handles. The Potential Winner may be required to provide Sponsor with proof that he or she is the authorized account holder of the account associated with the winning Entry and that all eligibility requirements are met. If a dispute cannot be resolved to Sponsor's satisfaction, the affected Entry will be deemed ineligible. Entrant is responsible for notifying Sponsor in writing if his or her email or other contact information has changed.
PRIZE AND THE APPROXIMATE RETAIL VALUE ("ARV"): Upon completion of the Winner Requirements, one (1) Potential Winner will receive (i) round-trip economy class air transportation for the Potential Winner and one (1) guest up to $ 1,000 value to Miami, Florida from a major airport near the Potential Winner’s residence (as selected in Sponsor’s sole discretion); (ii) accommodations (one (1) room, double occupancy) for two (2) consecutive nights for up to two (2) people at Shore Club South Beach, 1901 Collins Ave, Miami Beach, FL 33139 (in Sponsor’s sole discretion) on March 1st and 2nd 2019; (iii) dining for two at Katsuya, 1701 Collins Ave, Miami Beach, FL 33139 for up to $300. (in Sponsor’s sole discretion); (iv) (2) Complementary Laser & Light Facials at our Dadeland Location; and (v) Skin Laundry products (in Sponsor’s sole discretion). The Approximate Retail Value ("ARV") of the Prize is $2,500 (based on sample departure from New York to Los Angeles). The actual ARV value depends on Potential Winner’s place of residence and costs and availability of airfare and hotel at the time of booking and travel and may be substantially higher or lower than the stated ARV. The ARV represents the Sponsor’s good faith determination of the maximum retail value thereof. The ARV of the Prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Rules and the date the Prize is awarded or redeemed. All costs, including federal, state and local taxes, insurance, and other expenses not expressly listed above, including, but not limited to, taxes, tips, entertainment, transfers, as well as seat assignment or baggage fees determined by selected airline and any costs/expenses related to participation in the Sweepstakes or acceptance or use of the Prize are Potential Winner’s sole responsibility. Potential Winner and his/her Guest are responsible for all in-room charges (e.g., mini-bar, movies), telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, amenities, and any other fees and expenses not specifically mentioned in these Rules. Potential Winner may be required to provide a major credit card upon hotel check-in or prior thereto and all in-room charges will be charged to the credit card. Any damage to the room, and/or any other venue related to the Prize, attributed to the Potential Winner and/or his/her Guest will be the responsibility of the Potential Winner. Other restrictions may apply. Potential Winner and Guest agree that they accept the Prize at their own risk. Potential Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date and must have valid travel documents (e.g., valid government issued photo ID and/or Passport) prior to departure. Failure to do so will result in forfeiture of the Prize. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates or similar items. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. Neither Potential Winner not Guest may assign or transfer the prize to another person. Potential Winner will not receive cash or any other form of compensation if actual travel costs are less than the ARV in these Rules. Sponsor reserves the right to structure the travel route, travel dates, and select hotels in its sole discretion. Prize may not be combined with any other offer and travel may not qualify for frequent flyer miles or any other promotional benefit. If the Potential Winner is unable or unwilling to accept the Prize, or any portion thereof, as stated, the Prize may be forfeited in its entirety and may be awarded to an alternate winner at the sole discretion of Sponsor. Once Potential Winner has provided Sponsor with Guest’s name in connection with bookings for travel, Potential Winner may not change his/her Guest. All details and other restrictions of the Prize not specified in these Rules will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute an alternative prize, in whole or in part, of equal or greater monetary value if a prize becomes unavailable or cannot be awarded as described for any reason. Prize pictured in advertising, marketing or promotional materials is for illustrative purposes only. SPONSOR MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE PRIZE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE POTENTIAL WINNER SHALL TAKE THE PRIZE "AS IS" AND AT HIS OR HER OWN RISK.
WINNER REQUIREMENTS: The Potential Winner must comply with all terms and conditions of these Rules and winning is contingent upon fulfilling all requirements. The Potential Winner must provide Sponsor with valid identification. If a selected winner cannot be contacted, is ineligible, fails to claim the Prize, and/or fails to return the Price Claim Documents within the applicable time period, Sponsor may elect to disqualify the selected winner, who will then forfeit his or her right to receive the Prize. In the event a Potential Winner is disqualified for any reason, Sponsor may (in its sole discretion) award the Prize to an alternate winner selected by a random drawing from among all remaining eligible Entries or not award the Prize. Arrangements for delivery of the Prize will be made after winner validation. Potential Winner's travel companion ("Guest") must be at least 18 years of age and the age of majority in his/her state/province or jurisdiction of primary residence unless the Potential Winner is such Guest’s parent or legal guardian. The Guest may be required to submit releases to Sponsor upon Sponsor’s request, within a certain time period to be determined by Sponsor. Acceptance of any prize shall constitute and signify the Potential Winner's agreement and consent that Sponsor may use the Potential Winner's name, city, state, likeness, photo, Entry and/or prize information in connection with the Sweepstakes, including, but not limited to, Potential Winner’s participation in the Sponsored Events, for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Rules, the Potential Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Entry and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Entry for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Potential Winner accepts and acknowledges that Sponsor shall not be obligated to use the Entry and that Sponsor in its sole discretion shall have the right to refrain from using the Entry. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
RELEASES AND LIMITATIONS OF LIABILITY: By entering the Sweepstakes, each Entrant agrees to forever and irrevocably release and hold harmless Sponsor, and its affiliates, parent companies, subsidiaries, representatives, consultants, contractors, attorneys, suppliers, distributors, advertising/promotional agencies, business partners, public relations, fulfillment and marketing agencies, website providers and their respective officers, directors, stockholders, employees, agents, and representatives (collectively, the "Released Parties") from any and all claims, lawsuits, judgments, causes of action, injuries, losses, proceedings, demands, fines, penalties, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) (collectively, "Claims") related to this Sweepstakes or Prize, including without limitation, Claims that may arise in connection with: (i) incomplete, lost, late, stolen, damaged, misdirected or illegible Entries or for failure to receive Entries due to any cause including, but not limited to, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, Released Parties or otherwise, that may limit an Entrant's ability to participate in the Sweepstakes; (ii) acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof); (iii) any change in the Prize (or any components thereof) due to unavailability or due to reasons beyond Sponsor's control; (iv) any incorrect or inaccurate information, whether caused by Entrant, printing or typographical errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (v) the violation of any third-party privacy, personal, publicity or proprietary rights; (vi) any interruptions in or postponement, cancellation or modification of the Sweepstakes or these Rules; (vii) any technical malfunctions or unavailability of any telephone network, computer system, online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant; (viii) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (ix) death or personal injury caused by negligence any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the Prize or resulting from acceptance, possession or use of a Prize including participation in any activity or travel related thereto, or from participation in the Sweepstakes; or (x) any inability of the Potential Winner to accept or use the Prize (or portion thereof) for any reason. Released Parties assume no responsibility for any damage to an Entrant's computer system which is occasioned by accessing the websites of Released Parties or participating in the Sweepstakes, or for any computer system, phone line, mobile phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, error in Entries or selection announcement, or the failure to capture any information. Released Parties will not be responsible or liable for any Entries in excess of the stated limit or for Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Rules, and all such Entries may, in Sponsor's sole and absolute discretion, be disqualified. Entrant further agrees that Released Parties are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the creation, administration or fulfillment of the Sweepstakes and/or the awarding of any prize. Released Parties will not be liable to Potential Winner or any other person for failure to supply any prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a "Force Majeure" event or occurrence), or any other cause beyond Released Parties' control. Further, participants agree to waive the provisions of Civil Code Section 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE RULES APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE APPLICABLE PORTIONS OF THESE RULES MAY NOT APPLY TO YOU.
ADDITIONAL RULES: Sponsor reserves the right to (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Rules; and (ii) suspend, modify or terminate the Sweepstakes if Sponsor believes, in its sole discretion, that fraud, virus, tampering, malfunction, error, disruption, damage or any other cause beyond the control of Sponsor is impairing or will impair the administration, security, fairness, or integrity of the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned (including, without limitation, due to a Force Majeure event or any unanticipated occurrence that is not fully addressed in these Rules), Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. Sponsor may prohibit an Entrant from participating, winning, or accepting a prize (and void all associated Entries) if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes and associated prize by cheating, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor's representatives. Sponsor's failure to enforce any term of these Rules shall not constitute a waiver of that provision. Entrants must have a valid e-mail address, and it is Entrant's responsibility to update Sponsor of any change in e-mail address. Any violation of these Rules or any behavior of the Potential Winner that may bring the Potential Winner or Sponsor into disrepute (in Sponsor's sole discretion) or false and/or deceptive Entries or acts, including misrepresentation of age, may result in Potential Winner's disqualification from the Sweepstakes and all privileges as a winner will be immediately terminated.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS SITE OR INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES; CHOICE OF LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE RULES, OR THE RIGHTS AND OBLIGATIONS OF THE ENTRANT AND SPONSOR IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA. EXCEPT WHERE PROHIBITED, UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. EXCEPT WHERE PROHIBITED, EACH PERSON WHO PARTICIPATES IN THE SWEEPSTAKES IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND ENTERTAINMENT LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES' DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS SWEEPSTAKES THROUGH ARBITRATION, SPONSOR MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSORS INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. THE ARBITRATION WILL BE HELD IN LOS ANGELES, CALIFORNIA. THE ARBITRATOR WILL APPLY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA, WILL ISSUE A WRITTEN DECISION AND WILL HAVE THE POWER TO AWARD ANY LEGAL REMEDIES EXCEPT AS LIMITED BY THESE RULES. The parties will split the arbitrator's fee; provided, however, if applicable law requires Sponsor to pay the arbitrator's fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring or join in any class action regarding the Sweepstakes. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
INDEMNITY: Each Entrant (including Potential Winner and the Guest) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) Entrant’s participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any Prize, including without limitation, personal injury, death and property damage arising therefrom.
OFFICIAL RULES: For a copy of these Rules, send a stamped (VT residents omit postage), self-addressed envelope to: 3700 Newport Blvd. Suite 206 Newport Beach, CA 92663. Subject: Win a Trip to Miami Sweepstakes Official Rules. Requests must be received no later than February 13th, 2019.
SEVERABILITY: If any portion of these Rules should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these Rules to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement.
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