sweepstakes terms and conditions
Last Updated: May 3, 2021
SUGARFINA USA LLC
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THIS PROMOTION IS VOID WHERE PROHIBITED BY LAW. IT IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA, EXCLUDING THE DISTRICT OF COLUMBIA, ALASKA, FLORIDA, HAWAII, AND RHODE ISLAND, AND EXCLUDING ALL TERRITORIES AND POSSESSIONS OF THE UNITED STATES OF AMERICA, WHO ARE THE AGE OF MAJORITY OR OLDER IN THEIR PLACE OF RESIDENCE.
1. SPONSOR: The sponsor of this promotion is Sugarfina USA LLC, with offices at 1700 E Walnut Avenue, 5th Floor, El Segundo, California 90245 (“Sponsor”). This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Sugarfina’s Partners for the purpose of this sweepstakes shall include Herbivore Botanicals [the “Partners”]. Partners are prize providers only and are not responsible for the administration of this sweepstakes.
2. PRIZES; ODDS OF WINNING: There are four (4) prizes for this promotion, comprised of:
- Prize 1:
- 1 Herbivore Botanicals Cloud Jelly Serum (approximate retail value $48.00 USD)
- 1 Sugarfina 4-Piece Candy Bento Box ® (approximate retail value $38.00 USD)
- Total Value: $86.00 USD
The odds of winning depend on the number of eligible entries received. The winner may not substitute his or her prize for its cash equivalent and may not transfer or assign the prize without Sponsor’s permission. Sponsor reserves the right to substitute any or all of the prizes with any article or service of similar or greater value at its sole discretion. Prizes may not be assigned or transferred.
3. HOW TO ENTER: You may enter the contest by following the instructions set forth in the advertisements or posts regarding the sweepstakes and set forth herein:
To submit a valid entry, entrants must “like” the photo post associated with this sweepstakes on Sugarfina’s or Herbivore Botanicals’ Instagram account, must “follow” the two aforementioned Instagram accounts, and must “tag” one friend in the comment section of the associated photo post.
Each individual may only submit one entry through each of the available avenues of entry detailed above. Sponsor in its sole discretion will decide whether a given entry satisfies the criteria for entry in the Promotion. Multiple entrants are not permitted to share the same email address or social media handle. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any entrant, the authorized account holder of the email address or social media handle associated with the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address or social media handle by an Internet access provider, online service provider or other organization responsible for assigning email addresses or social media handles for the domain or social media account associated with the entry. Each potential winner may be required to show proof of being the authorized account holder. Sponsor will make the final determination of identity of entrants in its sole discretion.
Sponsor is not be responsible for incorrect or inaccurate transcription of entry information, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, failures of any communications network, computer equipment, software, inability to access any online service or web site, inability to submit the online entry form, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this sweepstakes, or for late, lost, stolen, postage due, illegible or misdirected entries.
It is the entrant’s responsibility to obtain any parental or employer permission to use the equipment required to complete the entry.
4. ELIGIBILITY: This promotion is open to all legal residents of the United States of America, excluding the District of Columbia, Alaska, Florida, Hawaii, and Rhode Island, and excluding all territories and possessions of the United States of America who are the age of majority or older in their respective places of residence as of 09:00 hours Pacific time on May 3rd, 2021. This promotion is not open to those who, as of 09:00 hours Pacific time on May 3rd, 2021 were
(a) employees, directors, officers, agents or representatives of Sponsor, a Co-Sponsor or of their affiliates, subsidiaries, or parents, advertising or promotion agencies and suppliers of prizes, materials and services in relation to this promotion;
(b) members of the immediate family of any of the persons in (a) above;
(c) engaged in the development, production, drawing of winners for this promotion;
(d) members of the same household as any of the persons in (a) and (c) above.
(collectively, the “Released Parties”).
5. DRAWING/SELECTION: The potential winner(s) will be selected in a random drawing conducted by Sponsor whose decision will be final and binding in all respects. The potential winner(s) will be selected on or about 09:00 Pacific Time on May 6th, 2021 and will be notified within seven (7) days after the drawing by Instagram Direct Message. In the event that Sponsor cannot reach the winner within 24 hours after it attempts to notify the winner, Sponsor will select a new winner according to these rules.
6. SCHEDULE: This promotion begins on 09:00 hours Pacific Time on May 3rd, 2021 and ends 23:59 hours Pacific Time on May 5th, 2021. All entries must be received by 23:59 hours Pacific Time.
7. ADDITIONAL CONDITIONS: Sponsor reserves the right to terminate or amend the Rules of this promotion if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the contest as determined by Sponsor in its sole discretion. At its sole discretion, Sponsor may disqualify any person whom it considers to have intentionally violated the Official Rules or any element of this promotion. By participating, participants agree: (a) to be bound by the Official Rules and the decisions of the Sponsor; (b) to release and hold harmless the Released Parties and ”Instagram,” from any and all liability with respect to acceptance, possession or use (or misuse) of the prize(s) or participation in this promotion. Potential Winners may be requested to sign an additional publicity release, release and eligibility affidavit, or to complete any relevant tax documentation. Failure to properly execute and return such documentation shall render the entrant ineligible. Winner agrees to permit Sponsor to use his/her/their name, address, city, state, photograph, videotape or any likeness for advertising or publicity purposes for no additional compensation.
8. TAXES: Taxes are the sole responsibility of the Winner. Sponsor does not provide tax advice. Participants are encouraged to contact their own tax advisor regarding potential tax implications, if any, of this promotion. Sponsor may request a completed IRS Form W-9 from the potential contest winner prior to the distribution of any prizes.
9. WINNERS LIST / COPY OF RULES: For the name of the prize-winner(s), available after June 5th, 2021, or to obtain a copy of these rules, please send a separate, self-addressed stamped envelope to “Marketing Department - List of Winners or Copy of Rules", Sugarfina USA LLC., 1700 E Walnut Avenue, 5th Floor, El Segundo, CA 90245.
11. DISPUTES, APPLICABLE LAW: Any controversy or claim arising out of or relating to the promotion or these terms, or any breach thereof, shall be settled by arbitration seated in New York City, New York. The physical location of the arbitration hearings shall be held in Los Angeles, California, unless the Parties agree otherwise. All proceedings, filings, and statements made in such arbitration shall be confidential. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and, with respect to discovery and the taking of evidence, the International Bar Association’s Rules on the Taking of Evidence in International Arbitration (the “IBC Rules”). Notwithstanding the IBC Rules, however, the Parties shall be entitled to up to twenty-five (25) written requests for admission (“RFA’s”) and up to two (2) depositions, each without leave of the arbitral tribunal. The deponent’s attendance may be compelled by either request to the arbitral tribunal or order from a court of competent jurisdiction. Failure by either Party to timely respond to RFA’s shall be deemed an admission to such RFA’s. Failure by either Party to participate in the arbitration (including failure to attend a properly scheduled deposition, conference, or hearing) shall be deemed default and consent to the immediate entry by the arbitral tribunal of an award in favor of the other Party in an amount equal to the maximum damages reasonably requested by such Party (giving all possible deference to the Parties’ limited ability to prove damages in the absence of the other Party’s participation). The arbitral tribunal shall immediately enter such award upon request by the participating Party. Any award granted to a Party pursuant to an arbitration in accordance with these terms shall be enforceable in foreign jurisdictions in the manner contemplated by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). Notwithstanding the foregoing, any Party may seek and obtain injunctive and other equitable relief from a court of competent jurisdiction to enforce the provisions of these terms without first seeking or obtaining any decision of the arbitral tribunal, with respect to the subject matter of this Agreement.
By participating in this promotion, each participant agrees that: (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this promotion but in no event attorneys’ fees; and (b) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY: The Sponsor, its Partners, its affiliates, its advertising and promotional agencies, the suppliers of products or services related to this Contest and their respective employees, officers, directors, representatives and agents shall not be responsible for incorrect or inaccurate capture of entry information, technical malfunctions, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof, inability to access any online service or web site, inability to submit the online entry form, or any other error or malfunction, or for late, lost, stolen, postage due, illegible or misdirected entries.