Giveaway
"SAVEWITHCYAN" SWEEPSTAKES with Gina G Caraballo
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES.
ELIGIBILITY: The "SavewithCyan" sweepstakes (“Sweepstakes”) is offered and open only to legal United States residents in the United States who are 18 years of age or older at the time of entry (each an “Eligible Entrant”). Any individual who has, within the past six (6) months, held employment with or performed services for Cyan SkinCare LLC (”Sponsor”) or any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Sweepstakes are not eligible to enter or win (collectively, “Released Parties”) and their family members and persons living in the same households of such individuals are not eligible to participate in the Sweepstakes. All federal, state and local laws and regulations apply. Void wherever prohibited or restricted.
PROMOTION PERIOD: The Sweepstakes shall start at 2:00pm PDT on April 17, 2020 and end at 11:59PM PDT on April 19, 2020 ("Promotion Period"). All time referenced herein is Pacific Time. All entries must be received during the Promotion Period to be eligible to win a Prize (defined below). Sponsor will determine and notify winner within 24 hours of the end of the Promotion Period.
HOW TO ENTER: During the Promotion Period, entrant must visit the official Sponsor Instagram account (@cyanskincare) and do the following: (a) “like” (i.e., double tap) the Sweepstakes post dated April 17, 2020 (“Post”), (b) follow both @cyanskincare and @for_love_and_beauty, (c) tag two friends in the comments of the Post. Entrants must be the authorized account holder of the Instagram account used to enter.
SUBMISSIONS. Any information submitted in connection with your entry must meet the following criteria: (a) it must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, unreasonably dangerous to people or property, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Sweepstakes; (b) it must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws; (c) it must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Sweepstakes, as determined by Sponsor in its sole discretion; or (d) it must not contain any materials that violate any Instagram or Facebook terms and conditions, including without limitation any inaccurately tagged content or hashtags.
PRIZE AND ODDS. Sponsor shall award one (1) prize (“Prize”) for the Sweepstakes, consisting of one (1) Cyan SkinCare Bicoastal Duo (set of Atlantic Serum and Pacific Moisturizer)(retail value of $100) and one (1) virtual consultation with Gina G Caraballo of For Love & Beauty (retail value of $350). Prize may not be redeemed for cash. All federal, state, and local taxes are the sole responsibility of the winner. The odds of winning a prize depend on the number of eligible entries received for the Sweepstakes.
RANDOM SWEEPSTAKES DRAWINGS: After the end of the Promotion Period, Sponsor shall randomly draw one (1) potential winner from all eligible entries for the Sweepstakes. If your entry is drawn, you will be deemed a potential winner of the Prize, pending confirmation and/or verification of your eligibility and compliance with these Official Rules.
AWARD OF PRIZE: If you are selected as a potential winner of the Sweepstakes, Sponsor will notify you via Instagram direct message. To claim your Prize, you must respond back within forty-eight (48) hours and provide the information requested by Sponsor. Before awarding a Prize, Sponsor may require you to furnish proof of identification and other proof of eligibility under these Official Rules. You must execute and return all documents within ten (10) business days from the date they are sent to you or your Prize may (in Sponsor’s sole discretion) be forfeited. If you are found to be ineligible or not in compliance with these Official Rules, decline to accept the Prize, Sponsor is unable to contact you, or in the event that the Prize or notification thereof is returned as undeliverable, you will forfeit the Prize, and Sponsor may, in its sole discretion, select an alternative potential winner at random from the pool of all Eligible Entrants. The right to receive a Prize is non-assignable, non-transferable and no prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute prize of equal or greater value in case of unavailability of Prize or force majeure. The Prize is awarded AS IS and without any warranties of any kind.
LIMITATION OF LIABILITY: Sponsor and the Released Parties are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable Entries or Prize notifications, or for any failures, delays, or misdeliveries of the computer, cell phone, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/social media/website accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sponsor and the Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. If, for technical reasons, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes.
BINDING NATURE, WAIVER, INDEMNIFICATION: By entering the Sweepstakes, you agree: (a) to be bound by these Official Rules, all applicable laws, and decisions of Sponsor, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against Sponsor and/or the Released Parties in connection with Sponsor’s website (“Site”) or the Sweepstakes; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless Sponsor and the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) the Site or the Sweepstakes, including but not limited to your participation or inability to participate in the Sweepstakes, (ii) typographical or printing errors in these Official Rules or the Sweepstakes materials, (iii) any change in the Prize (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, (iv) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any entry, (vii) any technical malfunctions or unavailability of the Site or any cellular network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor, any of the Released Parties or by you, (viii) interruption or inability to access the Sponsor’s social media page(s), the Site or any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xii) a lost, late, stolen, misdirected, damaged or destroyed Prize (or any element thereof), or (xiii) negligence or willful misconduct by you.
CHOICE OF LAW: The Sweepstakes and Official Rules shall be governed by the laws of the United States and the State of California, without respect to any conflicts of laws provision that would require the application of the laws of a different jurisdiction. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by the state and federal courts in Los Angeles, California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, 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.
PRIVACY; PUBLICITY RIGHTS: By submitting an entry, you agree to allow Sponsor the perpetual right to use, display and otherwise exploit your social media handle, name, image, photo, video, and any information you submit in connection with your entry (“Profile”). By accepting the Prize, you agree to allow Sponsor and/or Sponsor’s designee the perpetual right to use your Profile, biographical information, likeness, and/or statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, throughout the world, in all media now known or hereafter developed, including but not limited to on the Internet, without notice, review or approval and without additional compensation, except where prohibited by law. By entering, you may be contacted by Sponsor with future promotional offers and acknowledge that the Sponsor may share your Profile or personal information with Gina G Caraballo to schedule the consultation part of the Prize and/or for direct marketing purposes. Information provided by you to participate in this Sweepstakes is subject to Sponsor’s privacy policy at https://cyanskincare.com/pages/privacy-policy.
GENERAL: In the event of any conflict with any details contained in these Official Rules and details contained on Sponsor’s social media and/or the Site, the details set forth in these Official Rules shall prevail. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Sweepstakes or to be acting in violation of these Official Rules. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
WINNER’S LIST. For a list of Prize winners, write your name and address on a 3"x 5" card and mail it in an envelope to either Sponsor’s mailing address (Cyan SkinCare LLC, 703 Pier Avenue, Suite B311, Hermosa Beach, CA 90254). Winner list requests will only be accepted after the Sweepstakes’ end date and requests must be received no later than thirty (30) days after such end date.
This Promotion is in no way sponsored, endorsed or administrated by, or associated with Facebook, Instagram, or any other social media site on which Sponsor advertises the Sweepstakes.