HPPY Skin Giveaway
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED
PROMOTION DESCRIPTION: The HPPY Skin Launch Giveaway (the “Giveaway”) begins on or about 9/27/2023 at 11:00 a.m. Eastern Time and ends on 9/29/2023 at 11:00 a.m. Eastern Time (the “Giveaway Period”). This Giveaway consists of one drawing (a “Drawing”) as detailed below that will take place on the official HPPY Skin account during the Giveaway Period as set forth below. Entry in the Giveaway does not constitute entry into any other promotion, contest, or Giveaway. By participating in the Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of HPPY Skin (“Sponsor”), which will be final and binding in all respects.
HOW TO ENTER:
The Drawing is scheduled to take place during the Giveaway Period on the HPPY Skin Instagram account at https://www.instagram.com/hppyskincare/ (the “IG Account”). During the Giveaway Period, Sponsor will publish a post to the IG Account with a call to enter the Drawing (the “Drawing Post”).
To enter the Drawing, eligible entrants (each, an “Entrant”) must complete the following steps during the Giveaway Period: (i) follow @hppyskincare on Instagram, (ii) like the Drawing Post, and (iii) comment on the Drawing Post by tagging a friend and complying with the “Comment Guidelines” below (each, a “Comment”). Upon completing the required steps, Entrants will receive one (1) entry into the Drawing. The Comment must meet the following “Comment Guidelines”: (i) the Comment must be the submitting Entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties; and (ii) the Comment must not include text or subject matter that is deemed by the Sponsor to be obscene, profane, pornographic, libelous or otherwise objectionable. Each Entrant’s social media account must be public at the time of entry to enter the Giveaway.
Entry must be made by Entrant, only through the entry methods described above. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Giveaway subscription notification and/or entering service sites, will be declared invalid and disqualified for this Giveaway. Tampering with the entry process or the operation of the Giveaway, including, but not limited to, the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. 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 may be deemed ineligible. The Giveaway Entities will not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error which may occur in the posting of comments or processing of the entries in the Giveaway. The Giveaway Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
WINNER SELECTION AND NOTIFICATION: At the end of the Giveaway Period, a Drawing will be held wherein one (1) winner will be randomly selected in a drawing from all eligible entries received throughout the Giveaway Period. The Drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. The potential winner will be notified by Sponsor via Instagram direct message using the Instagram account used by the entrant to enter the Drawing. Sponsor will have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Time is of the essence in awarding the Prize. If, despite reasonable efforts, a potential winner does not respond within forty-eight (48) hours of the first notification attempt, or if the Prize or Prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her Prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the Prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential winner(s) of the Prize in accordance with such procedure, and if there is/are still no confirmed winner(s) of such Prize after such attempts have been made, if any, such Prize may go unawarded.
Prize/ODDS: One (1) winner will be selected to receive a Prize of one (1) set of three (3) Refresh Masks.
The total Approximate Retail Value (“ARV”) for the Prize is $33.60.[a]
Many will enter, only one (1) will win. Actual odds of winning depend on the number of eligible entries received for the Drawing.
GENERAL PRIZE CONDITIONS: The Prize will be awarded only if each potential Prize winner fully complies with these Official Rules. All portions of the Prize(s) are non-assignable and non-transferable. Prize pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Giveaway materials are for illustrative purposes only. Actual Prize(s) may vary from the Prize(s) pictured. All details and other restrictions of the Prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the Prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute Prize(s) of comparable value if any Prize listed is unavailable, in whole or in part, for any reason. Applicable portions of Prize will be delivered only to an address in the United States. Each Prize winner will be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable Prize. Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within ten (10) days of Prize notification, the winner may be disqualified and an alternate winner may be selected.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any Prize furnished in connection with the Giveaway. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE(S) IS/ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
RIGHTS IN COMMENTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each Entrant hereby irrevocably grants to the Giveaway Entities, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Comment, in whole or in part, for any purpose, including, without limitation, commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. The Giveaway Entities will have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Comment for any purpose which the Giveaway Entities deem necessary or desirable, and each entrant irrevocably waives any and all so-called “moral rights” they may have therein. The Giveaway Entities will retain the rights granted in each Comment even if the Comment is disqualified or fails to meet the Comment Requirements or even it if it determined that the entrant who made the Comment is ineligible to enter the Giveaway.
PUBLICITY RELEASE: Without in any way limiting the rights granted in the Comment, as set forth above, acceptance of a Prize constitutes winner’s permission for the Giveaway Entities to use each winner’s Comment (if applicable) and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in, and in connection with, advertising, marketing, promotional, and/or publicity purposes for the Giveaway, Giveaway Entities, and all uses of the Comment permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winner.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each Entrant represents and warrants as follows: (i) the Comment does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Comment meets the Comment Guidelines, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant agrees to indemnify the Giveaway Entities and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by Entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by Entrant while participating in the Giveaway.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that Sponsor (A) will not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Giveaway or any Giveaway-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any Prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an Entrant’s, or any other person's, computer system which is occasioned by accessing the Website or otherwise participating in the Giveaway, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or Prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Giveaway or the Website, to be acting in violation of these Official Rules, or to be acting in an inappropriate or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Giveaway if it determines, in its sole discretion, that the Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Giveaway as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding the Prize(s) or continuing with the Giveaway as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then, subject to any applicable governmental approval that may be required, Sponsor will have the right to modify, suspend, or terminate the Giveaway. If the Giveaway is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible entries received as of the date of the event giving rise to the termination. Inclusion in such drawing will be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of Prize described in these Official Rules will be awarded. If, for any reason, more purported winners come forward seeking to claim the Prize in excess of the number of each type of Prize set forth in these Official Rules, the winner may be selected in a random drawing from among all persons making purportedly valid claims for such Prize. Inclusion in such drawing will be each Entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF. Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Giveaway Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the entrant’s Comment to Sponsor for purposes of the Giveaway does not place the Giveaway Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Comment. Each Entrant understands and acknowledges that the Giveaway Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Comment and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Giveaway Entity’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Giveaway Entities do not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Comment. Finally, each Entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Giveaway Entity’s actual or alleged exploitation or use of any Comment or other material submitted in connection with the Giveaway, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief and Entrant’s rights and remedies in any such event will be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE. The Giveaway Entities will have no obligation (express or implied) to use any Comment, or to otherwise exploit any Comment or, if commenced, to continue the distribution or exploitation thereof, and the Giveaway Entities may at any time abandon the use of the Comment for any reason, with or without legal justification or excuse, and Entrants will not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION. If Sponsor will desires to secure additional assignments from the Entrant(s), or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefore.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE GIVEAWAY WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Giveaway, each Entrant (and any minor Entrant’s parent or legal guardian) agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Giveaway Entities relating to, arising out of or connected in any way with (a) the Giveaway, (b) the awarding or redemption of any Prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration will be held in Kenosha County, Wisconsin; (iv) the arbitrator’s decision will be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Giveaway; (v) the arbitrator will apply Wisconsin law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law; (vi) there will be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator will not have the power to award punitive damages against the Entrant or Sponsor; (viii) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither Entrant nor Sponsor will be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
SOCIAL NETWORK RELEASE AND DISCLAIMER. Each Entrant acknowledges and agrees that this Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram. By entering the Giveaway each Entrant hereby releases and agrees to hold Instagram completely from any liability in respect of the Giveaway. Any questions, comments or complaints regarding the Giveaway will be directed to the Giveaway Entities and not Instagram.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: HPPY Skin “HPPY Skin Giveaway” Giveaway 10100 88th Ave, Pleasant Prairie, WI 53158. All such requests must be received within six (6) weeks after the end of the Promotion Period.