185 Madison Avenue, 7Fl, New York, New York 10016
YouBeauty-Spotify Official Giveaway Rules and Terms (“Official Rules”)
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility. The YouBeauty Giveaway (the “Giveaway”) is open to legal residents of the U.S. who are at least 18 years old at the time of entry. Employees of YouBeauty (the “Sponsor”) their parents companies, subsidiaries, affiliates and agents, as well as the immediate family and household members of each ineligible person are not eligible. The Giveaway is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law.
3. Giveaway Period. Entries will be accepted starting on October 28, 2015 Eastern Standard Time (“EST”) and ending on November 6, 2015 at 11:59 pm EST (“End Date”). The drawing will be held on the day following the End Date.
5. Prize. The prize is a SpotifyRunning package which includes a one (1) year premium subscription to Spotify; one (1) pair of Bose SoundSport in-ear headphones; and one (1) Nike gift card in the amount of $75 (the “Prize”). The approximate retail value (“ARV”) of the prize is $350, the ARV of the total prize package is $350. Your chance of winning is dependent on the total number of eligible entries received. Any and all Prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the Winner. No transfer, cash equivalent or substitution of the Prize is permitted. Sponsor, at Sponsor’s sole discretion, may substitute the Prize with one of equal or greater value. Acceptance of prize constitutes permission for Sponsor to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Winner selection and notification. There will be one Winner selected at a random drawing under the supervision of the Sponsor. The date of the drawing will be the day after the Giveaway End Date. Your chance of winning depends on the number of eligible entries received. The Winner will be notified via e-mail by Spotify at the e-mail address listed on his or her online entry form within thirty (30) days following the winner selection. By entering the Giveaway you consent to such notification. Sponsor shall have no liability for a winner’s failure to receive notice of winning if such failure is due to winner’s spam, junk e-mail setting or other security settings that prevent winner from receiving their winner notification email, or to winner’s provision of incorrect or otherwise non-functioning contact information. If the selected winners cannot be contacted, are ineligible, or fail to claim the prize within 15 days from the time winner notification is sent, the Prize may be forfeited and an alternate winner may or may not be selected. The receipt by winner of the prize offered in this Giveaway is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE Giveaway AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
7. Rights Granted by you. By entering this contest you understand that Sponsor anyone acting on behalf of Sponsor, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Giveaway, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
8. Cancellation. Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Giveaway in the event of fraud, corruption or technical difficulties that prevent the proper administration of the Giveaway. In the case of cancellation, unclaimed prizes will not be awarded.
9. Damages. Sponsor reserves the right to seek damages to the fullest extent permitted by law from any entrant who deliberately undermines the legitimate operation of the Sponsor’s website or the legitimate operation of the Giveaway.
10. Newsletter. By entering the Giveaway you agree to receive email newsletters periodically from Sponsor. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
11. RELEASE AND LIMITATION OF LIABILITY. I HEREBY RELEASE THE SPONSOR, ITS AFFILIATES, OWNERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY CLAIMS, DAMAGES, OR LIABILITY OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH, OR PROPERTY DAMAGE, OR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, WHICH I OR ANYONE ELSE MAY SUFFER AS A RESULT OF (I) MY PARTICIPATION IN THIS PROMOTION; (II) THE USE OF MY PERSONAL INFORMATION FOR PURPOSES OF ADVERTISING OR TRADE; (III) THE AWARD, ACCEPTANCE, USE, OR MISUSE OF ANY PRIZE; (IV) TECHNICAL FAILURES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE MALFUNCTIONING OF ANY COMPUTER, CABLE, NETWORK, HARDWARE OR SOFTWARE; (V) THE UNAVAILABILITY OR INACCESSIBILITY OF ANY TRANSMISSIONS OR TELEPHONE OR INTERNET SERVICE; (VI) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTION; (VII) ELECTRONIC OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES. I also agree to indemnify and hold harmless the Sponsor and its affiliates, owners, representatives, agents, and employees, from any claims, damages or expenses resulting from or associated with the Prize or the Promotion. I accept the Prize “as is” and I understand that the Sponsor has made no warranty, representation or guarantee about the Prize.
12. Disputes. This Giveaway is governed by the laws of New York, without respect to conflict of laws doctrines. As a condition of participating in this Giveaway, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively before a court located in NY having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have damages multiplied or increased.
14. Winners List. For the names of the winners, please contact us at [email protected] and in the subject line of the email type “Winner’s List Request”.
15. Sponsor Contact Information. Sponsor may be contacted by mail at Sponsor, 185 Madison Ave, 7th Fl., New York, NY, USA or email are [email protected]
16. This Giveaway was made available through Sponsor’s partnership with Spotify. The prize will be provided by Spotify, but Spotify and its agents and representatives are not a sponsor, administrator, or involved in any other way with this giveaway.