H2O+ BEAUTY + SWEEPSTAKES AND PROMOTIONAL POLICY

 

THE “H2O+ Beauty” SWEEPSTAKES IS VOID OUTSIDE OF THE UNITED STATES AND WHERE PROHIBITED BY LAW. THESE OFFICIAL RULES (RULES) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (DEFINED BELOW) AND GOVERN YOUR ENTRY IN THE SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITEDSTATES, WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. THE SWEEPSTAKES IS GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES.

 

H2O+ BEAUTY OFFICIAL RULES

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

1. SWEEPSTAKES PERIOD: H2O+ Beauty Sweepstakes (the “Sweepstakes”), sponsored by H2O Plus LLC (the “Sponsor”), begins April 20, 2018 at 12:00 am Pacific Time (PT) and ends on May 15, 2018, at 11:59pm PT (the “Sweepstakes Period”).

 

2. ELIGIBILITY: This Sweepstakes is open to legal residents of the 50 contiguous United States and Washington D.C (the “Eligibility Area”) who are at least 18 years of age or older at the date of Entry. Employees, officers, directors and agents (and their immediate families and household members regardless of where they live, or members of the same households [whether related or not]) of Sponsor and their parents, divisions, affiliates, subsidiaries, agents, promotional partners, advertising/promotion agencies, event staff, and prize suppliers (collectively “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply.

 

3. TO ENTER: To enter the Sweepstakes, entrant must fill out, complete and submit the H2O+ Beauty Consumer Research Questionnaire.

Entries will be disqualified if they are late, incomplete and/or in excess of the stated entry limits. In the event of a dispute as to any online entry, the authorized account holder of the email account associated with the entry, at time of entry, will be deemed to be the entrant. The "authorized accountholder" is the natural person assigned to the email account by the platform provider. Potential winners may be required to show proof of being the authorized account holder.

 

4. SELECTION OF WINNER: Sponsor will randomly select two (2) winners from among all the eligible entries received during the Sweepstakes Period. All entries must be received during the Sweepstakes Period to be eligible. Potential winner(s) will be notified up to approximately four (4) business day after the drawing. Winners will be notified by email. Failure to respond to the initial verification contact within two (2) business days of notification or return of notification as undeliverable after two (2) attempts may, in Sponsor’s sole direction, result in disqualification. Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Entry Period.

 

5. PRIZE: Two (2) persons will each receive one (1) American Express Gift Card valued at $500.00. The total retail value (ARV) of the prize is $500.00. The total value (ARV) of both prizes is $1,000.00. Additional requirements may apply. No prize transfer. If any element of the prizes is cancelled or postponed the remaining portion of the prizes will be awarded as complete and final, and no substitute compensation will be offered.

 

 6. ADDITIONAL PRIZE RESTRICTIONS: Any prize details and restrictions not specified above will be determined by Sponsor in its sole discretion. All taxes (including without limitation federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the winners. The winner may be required to return an IRS W-9 form within the time period specified by Sponsor, and the winner may receive an IRS Form 1099 issued in his/her name for the actual value of prize received. Sponsor makes no representations regarding the tax liability associated with any prize, and winners are advised to seek counsel regarding any tax liabilities associated with their prize. To claim the prize, the potential winner may be required to complete a notarized affidavit of eligibility (provide proof of winner’s age, residency and legal status), a liability release and (where legal) a publicity release, which must be returned within the time period specified by Sponsor. Winner may be disqualified at Sponsor’s sole discretion if: (an)any required documents are not completed and returned within the required time period; (b) potential winner fails to comply with any of the terms of these Official Rules, or (c) if any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, assuming their insufficient time available for winner notification and verification, at Sponsor’s sole discretion theorize may be awarded to an alternate winner selected from among the remaining eligible entries, pending verification of eligibility. No responsibility is assumed by Sponsor for any incorrect postal address, email address or phone number associated with an entry, or any change of address, email or phone number of entrant after entry submission.

 

7. GENERAL: Sweepstakes Entities and Internet/wireless access providers are not responsible for incomplete, late, lost, misdirected or postage-due entries or mail, or for any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Sweepstakes. Although Sponsor attempts to ensure the integrity of the Sweepstakes, Sweepstakes Entities are not responsible for the actions of entrants or other individualism connection with the Sweepstakes, including entrants' or other individuals ‘attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Sweepstakes Entities are not responsible for injury or damage to entrant's or to any other person’s computer(s), wireless devices, other equipment or person(s), related to resulting from participation in the Sweepstakes or downloading materials from or using any website. In the event of any conflict between any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes advertising materials, the details of the Sweepstakes as set forth in these Official Rules shall prevail. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or another causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and to select winners from among all eligible entries received up to the time of such cancellation, termination, modification or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Screenshots or any other evidence of entry submission will not be deemed receipt of any such entry. Entry must be made by the entrant and via the means described above in Section 3 only. You are not a winner until your entry has been verified and you have complied with these Official Rules.

 

8. RIGHTS OF PUBLICITY: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional, advertising and publicity purposes in any media no known or hereinafter devised, worldwide, without further payment or consideration.

 

9. CONDUCT: BY ENTERING AND PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS: (A) FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL DECISIONS OF SPONSOR (WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL RESPECTS), INCLUDING WITHOUT LIMITATION DECISIONS REGARDING ELIGIBILITY, WINNERS AND THE INTERPRETATION OFTERMS USED IN THESE OFFICIAL RULES; (B) REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY ENTRANT IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE; AND (C) AGREE TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. SPONSOR RESERVES THE RIGHT, AT ANY TIME AND AT ITS SOLE DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE TO PARTICIPATE IN THISSWEEPSTAKES OR ANY FUTURE SPONSOR PROMOTIONS, ANY INDIVIDUAL IT SUSPECTS: (A)TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE SWEEPSTAKES ORANY WEBSITE; (B) TO BE ACTING IN VIOLATION OF THE OFFICIAL RULES OR SPONSOR’S PRIVACY POLICY OR OTHERTERMS, CONDITIONS OR GUIDELINES; (C) TO BE ACTING IN BAD FAITH OR IN ADISRUPTIVE MANNER, OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANYOTHER PERSON; (D) TO HAVE FAILED TO AGREE TO THESE OFFICIAL RULES; OR (E) TO BEIN VIOLATION OF THESE OFFICIAL RULES. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY INTERNET SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.

10. RELEASE ANDINDEMNIFICATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS FOREVER AND IRREVOCABLY RELEASE, INDEMNIFY AND HOLD THE SWEEPSTAKES ENTITIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SHAREHOLDERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASEES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES, ATTENDANCE OR PARTICIPATION IN ANYSWEEPSTAKES-RELATED ACTIVITY, OR RESULTING DIRECTLY OR INDIRECTLY FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION AND/ORINVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY SPONSOR OFPERSONALLY IDENTIFIABLE INFORMATION OF THE ENTRANTS, OR FOR ANY PRINTING,PRODUCTION, TYPOGRAPHICAL, HUMAN OR OTHER ERROR IN THE PRINTING, OFFERING ORANNOUNCEMENT OF ANY PRIZE.

 

11. LIMITATION OF LIABILITY: IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TOAND/OR USE OF ANY WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE, THE REMOVAL FROM ANY WEBSITE OF, ORDISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR ATTENDANCE OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. RELEASEES SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS OR SUBSTITUTIONS OR ANY ACTOR OMISSIONS WHATSOEVER BY ANY PERSONS OR COMPANIES PROVIDING ANY OF THESE SERVICES OR ACCOMMODATIONS TO ANY PRIZE WINNER, INCLUDING ANY RESULTS THEREOF SUCH AS CHANGES IN SERVICES OR ACCOMMODATIONS NECESSITATED BY SAME. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

12. GOVERNING LAW: Except where prohibited, each entrant agrees 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 the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than testate of California.

 

13. MISCELLANEOUS:

(a) Privacy: Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and H2O+ Beauty (as may be amended from time to time), that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail. By entering this Sweepstakes, you agree that Sponsor may share your personal information with the Sweepstakes Entities for the purpose of verification and prize fulfillment in the event that you are chosen as potential winner.

(b) Severability: Headings: If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.

 

(c) Winners & Rules Request: To receive the name, city and state of the winner or a copy of these Official Rules, send a self-addressed, stamped envelope to: H2O+ Beauty Sweepstakes, 111 Sutter St Floor 22 San Francisco Ca 94104. Requests must be received by May 17, 2018. VT residents may omit return postage.