BEAUTYCON LA 2024 – POST-EVENT SURVEY PROMOTION
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. ELIGIBILITY. This Beautycon LA 2024 Post-Event Survey Promotion (the “Promotion”) is open solely to legal residents of the fifty (50) United States or the District of Columbia, who are at least eighteen (18) years of age and over the age of majority in their jurisdiction of residence at the time of entry, and who attended the Beautycon LA 2024 event (the “Event”) for at least one day of the activation. Entries from those who did not attend the Event, entries originating from any other jurisdiction, and entries by employees, officers, or directors of Beautycon Management, LLC (“Sponsor”), SheaMoisture
(“Partner”), or any their respective parent entities, subsidiaries, affiliates, partners, advertising / promotional agencies, or manufacturers or distributors of promotion materials, or any immediate family members (e.g., parents, children, siblings, spouses) or members of the same household (whether or not related) of such employees, officers, or directors are not eligible to enter the Promotion. Participation in the Promotion constitutes your full and unconditional agreement to these Official Rules and Sponsor’s decisions with respect to all matters relating to the Promotion, which decisions shall be deemed final and binding.
2. START / END DATES. The Promotion begins at 12:00:00 a.m. PDT on November 2, 2024, and ends the earlier of 11:59:59 p.m. PST on November 11, 2024 or such date and time that the Response Cap (defined below) has been reached, as the case may be (the “Promotion Period”). Sponsor’s computer is the official time keeping device for the Promotion.
3. HOW TO ENTER. Subject to the eligibility requirements and Response Cap herein, during the Promotion Period, enter the Promotion by completing Sponsor’s post-Event survey (available at https://therefinery.refinery29.com/oa/645122) (the “Survey”) and entering your email address when prompted. Only the first five hundred (500) responses to the Survey (the “Response Cap”) will be considered. Your email address will only be used for the purpose of distributing the Prize (defined below). Your response to the Survey will not be connected with your email address. You may choose not to receive a Prize; in which case you do not need to provide your email address. The maximum number of entries allowed during the Promotion Period is one (1) per entrant. Entrants must have an email address to enter. If a prospective entrant does not have an email address, the entrant can create one at no cost. No other method of entry will be accepted.
4. WINNER SELECTION / ODDS. Eligible entries received during the Promotion Period, and which comply with these Official Rules, will be judged by Sponsor’s judges, in their sole discretion, based on the following criteria: winning entries chosen for the Prize will be the first five hundred (500) entries received during the Promotion Period. The odds of winning depend on the number and speed of eligible entries received for the Promotion. Winners may be subject to verification of eligibility and compliance with these Official Rules, as determined by Sponsor. In the event of a dispute as to the identity of any winner, Sponsor reserves the right in its sole discretion to select another winner and the unidentifiable winner will forfeit all rights to the Prize. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries.
5. PRIZE. Five hundred (500) winners will receive the following: one (1) Amazon e-gift card in the amount of Ten Dollars ($10.00 USD) (the “Prize”). The approximate retail value (“ARV”) of all Prizes together is Five Thousand Dollars ($5,000.00 USD).
Prizes may be subject to further terms and conditions. Prizes are non-transferable and no substitutions or cash redemptions are permitted, unless otherwise agreed by Sponsor. In the case of unavailability of any Prize, Sponsor reserves the right to substitute the Prize with another of equal or greater value. Limit one (1) Prize per person or household. The Prize is awarded “as-is” with no warranty or guarantee, either express or implied. Winners are responsible for all applicable federal, state, and local taxes, if any, as well as any other costs and expenses associated with acceptance and/or use of the Prize that are not specified herein as being provided. Where applicable, taxes may be withheld by Sponsor and Sponsor shall have no obligation to adjust the Prize or otherwise compensate the winner for any taxes withheld. Winners agree to furnish Sponsor with and/or execute any additional document reasonably requested by Sponsor in connection with the awarding of the Prize.
6. WINNER NOTIFICATION. Within ten (10) to fifteen (15) business days following the Promotion Period, winners will receive their Prize via the provided email address. Winners may be required to sign and return, where legal, a Declaration of Eligibility, Liability/Publicity Release and/or other rights transfer document within forty-eight (48) hours of receipt. If such document is not returned within the specified time, or a Prize or notification is returned as undeliverable, or a winner is not in compliance with these Official Rules, that winner’s Prize may be forfeited, and an alternate winner may be selected. Upon Prize forfeiture, no compensation will be given.
7. ADDITIONAL REQUIREMENTS. By participating in the Promotion, you acknowledge and agree to be bound by these Official Rules, Sponsor’s privacy policy (available at https://web-statics-cdn.refinery29.com/privacy-policy/docs/us/privacy-policy.html), and any other relevant rules, policies or regulations. No entry may contain any offensive or vulgar content. Any entry containing inappropriate content, as determined by Sponsor, in its sole and absolute discretion, will be considered ineligible and will not be part of the Promotion. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations or 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 email address, the authorized account holder of the email address used to enter this Promotion will be deemed to be the entrant. Winners may be required to show proof of being the authorized account holder. If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges. Entries will not be acknowledged. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
By entering the Promotion, you represent and warrant that: (a) your entry does not contain any material or elements that are not owned by you, or which are subject to the rights of third parties; (b) your entry is not a duplicate of any other submitted entries; (c) your entry will not violate any law, rule or regulation or infringe on any rights of any third parties; and (d) your entry complies with Sponsor’s Terms of Use (available at https://web-statics cdn.refinery29.com/privacy-policy/docs/us/terms-of-use.html). By submitting an entry, you agree that Sponsor may remove any entry and disqualify an entrant from the Promotion if it believes, in its sole discretion, that the entrant’s entry fails to conform to the foregoing representations and warranties or these Official Rules. By entering the Promotion, you agree that Sponsor’s decisions are final and binding in all matters relating to the Promotion, including, but not limited to, interpretation and application of these Official Rules. By entering the Promotion, you fully and unconditionally agree to be bound by these Official Rules and the decisions of Sponsor. By submitting an entry, you hereby grant, without obligation, your permission for the entry, your first name,
last initial, and general location to be posted on Sponsor’s owned, operated and/or affiliated websites, applications, and/or social media platforms (as well as those of the Partner). Sponsor does not guarantee the posting of any such information.
8. RELEASE / LIMITATION OF LIABILITY. Sponsor, Partner, and each of their respective parent entities, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, shareholders, officers, and directors (collectively the “Released Parties”) are not responsible for lost, late, misdirected, unintelligible, returned or undelivered entries, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, or other connection availability, accessibility or traffic congestion, miscommunications, failed or malfunctioning computer, network, telephone, satellite, cable or other technical hardware, software or lines, or jumbled, scrambled, delayed, or misdirected transmissions, or other errors of any kind whether human, mechanical, electronic or otherwise. Persons who tamper with or abuse any aspect of this Promotion, or act in violation of these Official Rules, or act in any manner to threaten or abuse or harass any person, or violate Sponsor’s Terms of Use, as solely determined by Sponsor, will be disqualified. The Released Parties are not responsible for any incorrect or inaccurate information whether caused by users, tampering, hacking, or by any of the programming or equipment associated with or used in this Promotion, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized website access. To the fullest extent of applicable law, the Released Parties are not responsible for injury or damage to entrants’ or any other person’s computer or property related to or resulting from participating in this Promotion. The Released Parties are not responsible for suspended or discontinued Internet, wireless, or land-line phone service or a change in an entrant’s Instagram Account, email, phone number, or mailing address which may result in a winner not receiving the initial Prize notification or the Prize. Should any portion of this Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of this Promotion, or the submission of entries, Sponsor reserves the right, at its sole discretion, to suspend, modify or terminate the Promotion, and determine the winner from valid, non-suspect entries received prior to such action being taken, or otherwise as may be deemed fair and equitable by the Sponsor.
To the fullest extent allowed under applicable law, you further agree that (a) the Released Parties will have no liability whatsoever for, and are released and shall be held harmless by you against any liability for any injuries, losses or damages of any kind, to persons or property, or rights of publicity or privacy, defamation, copyright infringement or portrayal in a false light resulting, in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize or participation in this Promotion or in any Promotion-related activity; and (b) if awarded any Prize, except where legally prohibited, you grant permission to Sponsor and Partner (and agrees to confirm such agreement in writing upon request) and those acting pursuant to their authority to use your name and/or likeness, Prize or other information, and/or entry (and assign the entry, which may be altered, changed, modified, edited, used alone or with other works, as solely determined by Sponsor) for advertising, trade and promotional purposes, without further compensation, at any time or times, in all media now known or hereafter discovered, worldwide, without notice or review or approval.
Under no circumstances will you be permitted to obtain awards for, and you hereby expressly waive all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in the Promotion), and you further expressly waive all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9. MISCELLANEOUS. Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these Official Rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Official Rules otherwise remain in full force and effect and enforceable. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITES OR APPLICATIONS OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
10. GOVERNING LAW / ARBITRATION. These Official Rules and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the county of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
Except where prohibited by law, as a condition of participating in the Promotion, you agree that (a) any and all disputes and causes of action arising out of or connected with the Promotion, or any Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held in the State of New York, City of New York; (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction.
12. USE OF DATA. Sponsor will be collecting personal data about entrants, in accordance with its Privacy Policy (available at https://web-statics cdn.refinery29.com/privacy-policy/docs/us/privacy-policy.html). By participating in the Promotion, you hereby agree to Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s Privacy Policy.
13. REQUEST FOR WINNER. For the names of the winners, available within six (6) months of the end of the Promotion Period, send a self-addressed, stamped envelope to: Beautycon, Attention: Beautycon LA 2024 Post-Event Survey Promotion, 34 35th Street, Suite 5A, Brooklyn, NY 11232. Vermont residents may omit return postage.
14. SPONSOR. The Sponsor and administrator of the Promotion is Beautycon Management, LLC, 34 35th Street, Suite 5A, Brooklyn, NY 11232. The Promotion is not administered by Partner or Amazon. References to any third-party entity or trademark do not constitute or imply, and should not be construed as, an endorsement of the Promotion, Sponsor, or Partner.