Heyday x Studs Giveaway - Official Rules

Heyday x Studs Giveaway - Official Rules (“Official Rules”)
 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

By entering into this Sweepstakes (the “Sweepstakes”) sponsored by Studs, Inc. and Heyday Wellness LLC (“Heyday”) (each, individually, a “Sponsor,” and collectively, the “Sponsors”), I accept the terms and conditions and set forth in these Official Rules. Any violation of these rules may, at Sponsor's discretion, result in disqualification.   I confirm I am at least 18 years old and have reached the age of majority in my jurisdiction of residence at the time of opt-in (19 in Alabama and Nebraska; 21 in Mississippi). By entering the sweepstakes, I agree to sign up to receive newsletters and special offers from \the Sponsors. The Sponsors are sponsoring the sweepstakes and responsible for operating the Sweepstakes. The Sweepstakes is subject to federal, state, municipal, and local laws and regulations and is void where prohibited. (New Jersey Notice: This Sweepstakes is not void in New Jersey.)

 

 

Eligibility: The Sweepstakes is open to anyone who is at least eighteen (18) years of age and has reached the age of majority in their jurisdiction of residence at the time of entry (19 in Alabama and Nebraska; 21 in Mississippi) and lives within the continental United States and has a valid email address. Employees, independent contractors, interns, officers, directors, and agents of the Sponsors are not eligible to enter.

 

Sponsors: The Sweepstakes is sponsored by the Sponsors named above .

 

Agreement to Official Rules: By entering the Sweepstakes, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) the Sponsors’ decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

Entry Period: The Sweepstakes begins at 12:00am EST on December 8, 2022 and will end on December 11, 2022 at 11:59pm EST (“Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Studs, Inc.’s computer is the official timekeeping device for the Sweepstakes.

 

How to Enter: To enter, follow @studs & @heydayskincare on Instagram, tag a friend in the comments, and like the giveaway post on Instagram.

The use of an agency or any automated system to enter is strictly prohibited and the Sponsors reserve the right to disqualify any entries received through such methods, as determined by the Sponsors, in their sole discretion.

 

Drawing: After the Entry Period, on or about December 13, 2022, Heyday will select THREE (3) potential winners in a random drawing of all entries received. The odds of being selected depend on the number of entries received.

 

Notification and Requirements of Potential Winners: The Sponsors will attempt to notify potential winners within five (5) business days of the drawing by email. If a potential winner does not respond within seven (7) calendar days after the notice is sent, the Sponsors will select an alternate potential winner in their place at random from all remaining entries received. Only three (3) alternate potential winners will be contacted. Except where prohibited, a potential winner may be required to complete and return additional documentation provided by the Sponsors, including without limitation an affidavit of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. Only three (3) alternate potential winners may be contacted.

 

Prize(s): Three (3) grand prizes will be awarded and three (3) winners will be chosen.

 

Description of Prizes: Grand Prize (total value of $300)

Prize package includes one (1) gift provided by Studs, Inc., which may include the following, but Sponsor reserves the right to change the assortment of the prize package: one (1) digital gift card. Prize package includes one (1) gift provided by Heyday, which may include the following, but the Sponsors reserve the right to change the assortment of the prize package: one (1) digital gift card.


General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsors may, in their sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize(s) at random from among the eligible entries received up to the time of the impairment. The Sponsors reserves the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsors to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to the Sponsors by mail shall not be deemed proof of receipt of that communication by the Sponsors. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. 

 

Prize Conditions: All expenses related to the acceptance or use of the prize are the sole responsibility of the prize winner.

The prize is non-assignable or transferable, except to a surviving spouse. No substitution is permitted except if the prize or a prize component is unavailable, in which case a prize of equal or greater value will be awarded. Any other incidental expenses on the prize not specified herein are the sole responsibility of each winner. Once the prize has been delivered to the winner’s residence, the prize is considered awarded.

The winner is responsible for all federal, state and local taxes, if applicable.

 

Release and Limitations of Liability: By participating in the Sweepstakes, you agree to release and hold harmless the Sponsors, their parent(s) subsidiaries, affiliates, the prize providers and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

Winner acknowledges that the Sponsors and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that any merchandise prize shall be subject to its manufacturer’s standard warranty (if any and if applicable.

 

Privacy and Use of Information Submitted; Publicity: Any information you submit as part of the Sweepstakes will be used for purposes of this Sweepstakes and treated in accordance with each Sponsor’s Privacy Policy as otherwise set forth in these Official Rules. Except where prohibited, participation in the Sweepstakes constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.  By entering the Sweepstakes in accordance with the entry process described above, you will be registering to receive email communication from Studs, Inc. and Heyday and agreeing that your registration and any other information collected in connection with the Sweepstakes may be used by Studs, Inc. in accordance with their Privacy Policy, a current copy of which can be found here https://studs.com/pages/terms-of-service.

 

Use of Entrant Information: By entering the Sweepstakes, you acknowledge and agree that the Sponsors will use Entrant’s information, including, without limitation, your email address, phone number, mailing address, or any other contact information provided for general solicitation, marketing, or other business or promotional activities in connection with the services and products provided by the Sponsors. You may at any time revoke the use of such information by providing written notice to Sponsors and each other participating company using the following addresses or by responding to a marketing email using the unsubscribe link provided in the email. Please note that your opt-out preference will apply to marketing communication and may not apply to transactional communication including those associated with your entry.

 

Indemnity: The winner shall indemnify, defend and hold harmless the Sponsors 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) winner’s participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach, of any of winner's 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.

 

Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York, NY. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of NY, without giving effect to any choice of law or conflict of law rules (whether of NY or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than NY.

ALL PARTICIPATING ENTRANTS AND PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

 

Disclaimers:  The Sponsors reserve the right to cancel, terminate or modify the Sweepstakes if one or both of them are not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. In no event will the Sponsors be responsible for awarding more than the number of prizes specified in these rules. In the event this Sweepstakes is cancelled or terminated, pursuant to the foregoing, either or both Sponsors, in their sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. THE SPONSORS MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. The value of the prizes set forth in these rules represent the Sponsor’s good faith determination of the approximate retail value thereof; the actual fair market value as ultimately determined by the Sponsors are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise.

 

 

Third Party Platforms: If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g. Facebook or Twitter) (“Third Party Platform”), then by participating in this Sweepstakes, entrants hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. Unless otherwise stated to the contrary in these Official Rules, this Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third Party Platform.

 

Results: For a written confirmation of the winner (available after 10/26/22) send an email to jennifer.lee@studs.com within four (4) weeks of the end of the Entry Period.