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Fresh X UrbanStems Giveaway
Fresh X UrbanStems Giveaway
Abbreviated Disclosures:NO PURCHASE NECESSARY. Sweepstakes ends February 9, 2020, at 11:59 p.m. ET. One winner will be randomly selected. Open only to legal residents of the 50 U.S. & DC, 18 or older. For Official Rules, please visit [fresh.com/us/customer-service/FreshXUrbanstemsGiveaway.html]. Void where prohibited. Sponsor: Fresh, Inc.
OFFICIAL RULESFresh x UrbanStems Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN.
Fresh x UrbanStems Sweepstakes ("Sweepstakes") begins on or about 12:00 PM Eastern Time (“ET”) on February 5, 2020, and ends at 11:59 PM ET on February 9, 2020 (“Sweepstakes Period”). The sponsor of the Sweepstakes is Fresh, Inc., 130 Fifth Avenue, 11th Floor, New York, NY, 10011 ("Sponsor"). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older at time of entry. Employees, officers and directors of Sponsor, its parent, subsidiaries, and affiliated companies, advertising, promotion, or production agencies, and web masters/suppliers (collectively, the “Sweepstakes Entities”), and each of their immediate family members (spouse, parents, children, siblings and their respective spouses, regardless of where they reside) and/or individuals residing in the same household of each (whether or not related), are not eligible to participate. Void where prohibited by law.
HOW TO ENTER:
During the Sweepstakes Period, you may enter by completing the following steps: 1) Follow @freshbeauty and @urbanstems on Instagram; 2) Like and tag your Galentine in the comments on the Sweepstakes Instagram post going live at approximately 12:00 PM ET on February 5, 2020, including the hashtag #freshxurbanstems (“Submission”). Comments must be posted by 11:59 PM ET on February 9, 2020.
Each Submission must meet the following “Submission Requirements” (any Submission that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
• You must enter the Sweepstakes by filling out your information and providing your Fresh x UrbanStems Sweepstakes Submission. Submissions received that are not on-topic will be disqualified.
• You can only enter once, regardless of method of entry.
• Submissions must not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network operated by any of the Sweepstakes Entities or the computers of any individual or entity participating in or otherwise associated with the Sweepstakes;
• Submissions must be entirely original to the entrant and must NOT include mention or performance of any copyrighted media production, films, music, books, television programming, etc., or identifying descriptions of any media property;
• Submissions must NOT have been previously submitted to another Sweepstakes or submitted to any entertainment entity that would conflict with this Sweepstakes, as determined in the Sweepstakes Entities’ sole discretion;
• Submissions must NOT contain reference to third party trademarks, logos, insignia, location signage, photographs, or artwork, or sculpture, except for those belonging to Sponsor, nor the names and likenesses of other individuals without their written consent; and
Submission must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Submission contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Submission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Submission null and void. By submitting a Submission, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Submission consent to the submission and use of the Submission in the Submission and to its use as otherwise set forth herein.
Limit one (1) entry per person/email address for the Sweepstakes Period, regardless of method of entry. No other forms of participation are valid. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different e-mail addresses, identities or any other methods will void that entrant’s entries and that entrant will be disqualified. In order for your entry to be valid, your Instagram account must have privacy setting such that your entry post is viewable by the Sponsor and its administrators. If you choose to access Instagram using your mobile device, data rates may apply. Consult your wireless provider for pricing plan details. Sponsor’s clock is the official timekeeping device for this Sweepstakes. No automated entry devices and/or programs permitted. Entries generated by script, macro or other automated means or by any means that subvert the entry process will be disqualified. Entrants must provide all information requested to be eligible. Incomplete, unreadable, or unintelligible entries will be disqualified. Entries will not be returned or acknowledged by the Sponsor.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION:
Each person who enters this Sweepstakes represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with entrant; (iii) as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (v) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sweepstakes Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all claims, damages, injuries, death, liabilities, losses, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
GRANT OF RIGHTS:
Each entrant into the Sweepstakes hereby agrees and hereby grants to Sponsor and its successors, licensees and assigns an unlimited, perpetual, irrevocable, assignable, royalty-free, fully paid-up license to reproduce, distribute, create derivative works of, edit, alter, display, exhibit, combine with other materials, exploit and otherwise use the Submission, and all elements embodied therein, including, but not limited to, any names, biographical information, images, voices and/or performances, in any manner and in any and all media now known or hereafter devised throughout the universe for any purpose whatsoever, including, without limitation, for commercial purposes, without compensation or notification to, or permission from, entrant or any third party, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sweepstakes Entities are not responsible for any third party use of any Submission.
By participating in the Sweepstakes, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Sweepstakes, each entrant irrevocably grants the Sweepstakes Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, voice, performance, image and biographical information, in any manner, in any and all media now or hereafter devised, for any purpose, including without limitation, advertising and/or promotional purposes as well as in, on or in connection with the Sweepstakes or other promotions, without additional permission from, notification or compensation to, entrant. Entrant hereby releases the Sweepstakes Entities, as well as Instagram and each of their affiliates and subsidiaries, from any liability with respect thereto.
Potential winner will be randomly selected on or about February 10, 2020, from all eligible entries received for the Sweepstakes Period. Odds of winning depend on the number of eligible entries received. Potential winner will be contacted via Instagram direct message, email, or mail, depending upon your method of entry. Sponsor, Instagram, and their affiliates and subsidiaries shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If potential winner does not respond within the time required by Sponsor, in this case 5 business days from Sponsor’s notification attempt, or if the winner notification is returned as unclaimed or undeliverable to the potential winner, such potential winner will forfeit his or her prize and, at Sponsor’s discretion, an alternate winner may be selected. If a potential winner is found to be ineligible or if he or she has not complied with these Official Rules or declines the prize for any reason, potential winner will be disqualified and, at Sponsor’s discretion, the prize may be awarded to an alternate winner.
• Product. One (1) winner will receive two (2) Galentine’s Day Bundles, which will each include one (1) UrbansStems plant and one (1) Fresh Rose Sugar Lip Treatment.
• Prize includes one (1) Galentine’s Day Bundle for the winner and one (1) Galentine’s Day Bundle for the friend that was tagged in the winner’s Submission.
• Total Approximate Retail Value (“ARV&rdquo) of prize: $150
• Prize is awarded “as is&rdquo with no warranty or guarantee, either express or implied. Prize is non-transferable and no substitution or cash equivalent will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of comparable or greater value, in its sole discretion. Winners are responsible for all taxes and fees associated with prize receipt and/or use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person/email address/household.
GENERAL PRIZE CONDITIONS:
The potential winner must execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a potential winner fails or refuses to sign and return all Prize Claim Documents within five (5) business days of date of prize notification (or a shorter time if required by exigencies), the potential winner may be disqualified and, at Sponsor’s discretion, an alternate winner may be selected.
By participating, entrant agrees to release, discharge and hold harmless Sweepstakes Entities from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Sweepstakes or the acceptance or use of any prize. Entrants agree that the Sweepstakes Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession, travel related to and/or use, misuse and/or defect of a prize, and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sweepstakes Entities assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Sweepstakes application or participating in the Sweepstakes, or for late, incomplete, inaccurate, stolen, misdirected, undelivered or garbled entries or emails; or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes, or in any Sweepstakes-related materials. Without limiting the generality of the foregoing, Sweepstakes Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Sweepstakes application, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages (including attorneys’ fees) and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor is prevented from awarding the prize or continuing with the Sweepstakes as contemplated herein, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated for any reason before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect entries received as of the date of the event giving rise to the termination or as otherwise deemed fair and appropriate by Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
NO OBLIGATION TO USE:Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
WINNERS LIST:To obtain a copy of any legally-required winners list (available after March 1, 2020), send a self-addressed stamped envelope to: Fresh x UrbanStems Sweepstakes Winners, c/o Fresh, 130 Fifth Avenue, 11th Floor, New York, NY 10011. All such requests must be received by March 31, 2020.