OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS AND SOCIAL MEDIA ACCOUNT REQUIRED TO ENTER. Void where prohibited or restricted by law.

 

ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. SEE DISPUTES/ARBITRATION PROVISION.

 

OVERVIEW:  From time to time, but without obligation, Sponsor may offer eligible Participants opportunity to engage and participate in various types of activities and promotions. By way of example, to enter into sweepstakes or giveaways for the chance to win a stated prize (each is a “Sweepstakes”). There may be none, or more than one Sweepstakes running simultaneously that is/are sponsored by RMS Beauty or are conducted in partnership with one or more of our promotion partners and/or retailers. Each Sweepstakes will have its own unique requirements and will be governed by two different sets of rules - these official rules (the “General Rules”), which will generally apply and are incorporated by this reference into every Sweepstakes, and any Sweepstakes specific terms such as entry deadlines, prize quantities/details, etc., (“Specific Terms”) which will supplement and be in addition to these General Rules (these Sweepstakes shall be referred to herein individually, or collectively as the “Promotion”). The Specific Terms will be as stated in connection with a specific Sweepstakes through a call-to-action post on RMS Beauty’s Instagram and/or other non-affiliated social media channels (“Sweepstakes Post”). Usually, the General Rules and the Specific Terms work together (collectively the “Rules”), but occasionally, Sponsor may need to adjust some of these General Rules for a particular Sweepstakes and in such case will state those changes in the Sweepstakes Specific terms in the Sweepstakes Post.

 

ELIGIBILITY:  Each Sweepstakes is offered in the fifty United States including D.C. (“U.S.”) to individuals who are legal residents of and physically residing in the U.S., 18 years of age or older (“Participants”). Employees, officers and directors of RMS Organics, LLC (“Sponsor”), its parent, subsidiary and affiliated companies, advertising and promotion agencies and any other individuals or entities, including Promotion partners and/or prize suppliers, who are engaged directly or indirectly in the development of, the production, distribution or review of materials for, or the administration, execution or implementation of this Promotion (collectively the “Promotion Entities”) and persons in the immediate family of such individuals (spouse, parent, child, sibling, partners and their respective ,spouses, and foster and step-relations) regardless of where they reside, or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter or win a prize.

 

PROMOTION PERIOD:  Unless otherwise stated, each Sweepstakes begins on or about 12:00 pm Pacific Time on the start date and ends at 11:59 pm PT on the end date specified in the Sweepstakes Post (“Entry Period”). Participants are solely responsible for determining the correct time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto. Sponsor’s server/computer is the official time keeping device for the Promotion.

 

AGREEMENT BY PARTICIPANT/USE OF INFORMATION: All participation in this Promotion shall be governed by the Rules. The information provided will be used as stated herein and as stated in Sponsor’s Privacy Policy (https://www.rmsbeauty.com/pages/privacy-policy) (incorporated herein by reference). By participating in the Promotion, each Participant fully and unconditionally agrees to be bound to and accepts the Rules, Privacy Policy, and any additional terms and conditions specific to the Promotion or Sweepstakes communicated by Sponsor. By participating, Participants further agree to be bound to the decisions of the Sponsor (and its authorized representatives) which are final and binding in all matters. By submitting an Entry (as defined below), Participants agree to be contacted by Sponsor with Promotion and Sweepstakes related communications. The Promotion or any part thereof is in no way sponsored, administered or affiliated with Instagram or any other social media platform used to enter or facilitate a Sweepstakes. The information you provide will be used as stated herein, and for purpose of this Promotion.

 

TO ENTER:  During the applicable Entry Period, eligible Participants must follow the specific instructions in the Sweepstakes Post in order to enter (“Entry”). Any and all information, materials and content submitted become part of an Entry and are governed by the Rules. Unless otherwise stated, Participants may enter one time only via Instagram or other social media platform (“Social Media Platform”). Generally, it is anticipated that a Sweepstakes may ask Participants to follow Sponsor’s Social Media page, like the Promotion-specific post, and/or tag a known contact (friend) in the comments (“Entry”). There may be an opportunity to receive a bonus Entry by completing a certain task (such as tagging an additional friend in the comments). Your privacy settings must be set to public and cannot be set to “off” or “private” to participate in our Sweepstakes.

 

Any Entry that does not (in Sponsor’s sole discretion) appear to be submitted in good-faith, or that fails to follow all steps and include all information required may be disqualified. If Sponsor’s product and/or brand or a Promotion partners’ brand and/or product is/are featured and/or mentioned in the Entry it/they must be featured truthfully and appropriately, or else Entry will be immediately disqualified. Participant must NOT submit or name an alias or fictional person, or tag someone that hasn’t given consent, someone that they don’t know, or tag the same friend or name multiple times, or else those Entries (suspected of being non-compliant in Sponsor’s sole discretion) will be disqualified. In addition to all other restrictions and conditions stated or incorporated elsewhere herein, Entries must NOT appear to condone, promote, contain, depict or describe in any manner illegal, dangerous, harmful, offensive, cruel, unsafe, demeaning, disgusting, highly political or sensitive topics, over-consumption, or any other improper or unsuitable activities/content or will be subject to disqualification.

 

ENTRY SPECIFICS: Entry for each Sweepstakes must be complete, compliant, submitted via the method and Social Media Platform communicated, and timely received by Sponsor. Sponsor has the right to verify Participants’ eligibility and compliance with the Rules and, on the basis of its investigation, to disqualify any Entry/Participant at any time and require immediate prize return if applicable.  Entries may only be submitted by a single registered Social Media Platform account user; group or commercial submissions are not permissible.  Incomplete, invalid, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s absolute discretion) will not be eligible. If, upon review, Sponsor (or its authorized representative) is unable to determine that an Entry and/or Participant is eligible, compliant, or reasonably suspects that it/he/she is not eligible or compliant in whole or in part, the Entry as a whole may be disqualified.  Proof that an Entry was uploaded does not constitute proof or evidence that it was received within the Entry Period or eligible for a Sweepstakes. Entries will not be acknowledged or returned. Entries submitted via any other entry method than stated in the Sweepstakes Post will not be accepted. Participants may not (whether apparent or suspected) enter through a sweepstakes/contest club or exchange site (or similar method, whether or not paid), with multiple or false identities, accounts, handles, IP addresses, or devices, or use multiple e-mail and/or street addresses, or use any other device or artifice to enter or participate. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, spamming, phishing, harassment, on-line clubs (or similar methods), exchange sites, robotic, automatic, macro, programmed or like participation methods as determined in Sponsor’s sole and absolute discretion, will void all such Entries, and disqualify any Participant suspected of using/benefitting from such methods.

 

Without limiting the foregoing, Entries will be disqualified if Sponsor believes the Entry is not in the spirit of the Promotion, is not compliant herewith, or will have a detrimental impact on Sponsor, this Promotion, or any of Sponsor’s brand, products or services or those of its Promotion partners. Furthermore, if an Entry, for any reason whatsoever, garners or contains comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community, Sponsor reserves the right to disqualify Entry/Participant and remove any such Entry. In the event of a dispute as to the identity of an online Participant, the authorized account holder of the social media account used in connection with the Entry will be deemed to be the Participant, provided eligible.

 

Participants’ use of the respective Social Media Platform used to facilitate entry must comply with and be in accordance with its respective Terms of Use, Terms of Service and Privacy Policies (found on its respective home website). If you don’t have a social media account, you can become a member without charge by simply following the Social Media Platform instructions and accepting the terms and conditions of use. By entering, Participants understand and agree that submitted eligible entries may be subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital distribution”), and public comments, including but not limited to being forwarded, re-tweeted, and otherwise posted, for commercial and non-commercial purposes, throughout Sponsor’s and third parties’ digital and off-line social media, marketing and advertising properties.

 

Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to Entry via mobile device. For those Participants entering with a mobile device: Promotion may not be available via all mobile carriers. Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details. Consent is not a condition of purchase.

 

REPRESENTATIONS ABOUT YOUR ENTRY: By submitting an Entry, Participants represent and warrant (and agree to release and indemnify Promotion Entities from same) that: they have the absolute right and all requisite consents to submit such Entry (including the name, likeness, image, voice and any other information disclosed or conveyed about/by any and all individuals and venues included therein), and submitting such Entry does not appear to violate or infringe the rights of such individuals or any other third party, entity or venue, will not constitute a violation of law or policies, and will not bring Sponsor or the Promotion Entities into public disrepute, scandal or embarrassment; their Entry submitted and all content therein is truthful and accurate, has not been created for or submitted in any other Promotion or copied in whole or in part from any other work, and is the sole and exclusive property of the Participant (or Participant has the full consent to submit it herein for all uses contemplated); the Entry does not contain, depict, condone, encourage or promote activities or content prohibited by these Rules; the Entry does not depict, refer to or contain in any respect information about an individual under the age of 13; and any individuals mentioned, featured in, or who have worked on the Entry, in whole or in part, in any manner have given Participant their consent to submission of Entry into this Promotion and the use contemplated.  If requested by Sponsor, Participant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality.

 

Any trademarks, logos, brand names, venues, sponsorships or any other intellectual property appearing in any way in connection with this Promotion, prizing, or any Entry are the property of their respective owners, which are not sponsors or affiliated with this Promotion in any way.

 

RANDOM DRAWING/ODDS: The number of potential winner(s) stated in the Sweepstakes Post and Specific Terms will be selected in a random drawing conducted by Sponsor (or its authorized representative) on or within approx. ten (10) business days after the end of the Sweepstakes Entry Period from among all eligible entries received. Odds of winning depend on the number of eligible entries received for the applicable Sweepstakes. Unless otherwise stated, non-winning Entries will not carry over into subsequent Entry Periods or Sweepstakes. Potential winner(s) (and, if applicable, an eligible friend who may be eligible to receive a prize if specifically stated as being part of the Sweepstakes (“prize recipient”)) will be notified to respond to a direct message via the Social Media Platform account used to enter and will be asked to respond with their contact information and/or given instructions to claim their prize. If a potential winner or prize recipient cannot be reached using the contact information (in Sponsor’s discretion) provided, declines or refuses the prize for any reason, fails to follow the instructions or reply on or within the time specified by Sponsor in any notification, is non-compliant, or is found to be ineligible, they will forfeit the prize and an alternate potential winner may be randomly selected in Sponsor’s sole discretion. Once notified, a potential winner (and/or prize recipient) will not be notified again. Promotion Entities shall have no liability for any prize notification that is intercepted, not received, not delivered, misdirected due to privacy or spam settings, not timely acted upon, or otherwise not responded to by a potential winner or prize recipient for any reason whatsoever, and the prize will be forfeited. After one additional unsuccessful attempt to award a prize to an alternate winner in any particular Sweepstakes, that prize will remain unawarded; there will not be a second-chance drawing.

 

Prize or prize notifications that are unawarded, unclaimed, undelivered, misdelivered, refused, or returned will not be re-awarded. Depending on the prize in a particular Sweepstakes, potential winner(s) and, if applicable prize recipients, may be required to sign, have witnessed and return a Declaration of Eligibility, Liability and Publicity Release within the time specified by Sponsor, or else prize will be forfeited. Prize awards are subject to verification of eligibility and compliance with these General Official Rules and Specific Terms.

 

PRIZES/Approximate Retail Value (“ARV”): Any prize(s) available to be awarded in a Sweepstakes will be as stated in the Sweepstakes Post, including available prize quantities, denomination and approx. retail value. Prize awards are subject to verification of eligibility and compliance with the Rules. Prizes are anticipated to vary in retail value but may consist of individual or bundled beauty or other merchandise products. Any gift card, voucher or certificate issued as a prize is for promotional purposes only, will not be replaced by Sponsor if lost, misplaced, stolen, damaged or destroyed, and is subject to the terms and conditions of issuer. Limit one (1) prize per person/household address for a Sweepstakes. Any difference between ARV and actual value of a prize will not be awarded.  Any and all applicable local, state, and federal taxes and all expenses not specifically stated herein are solely the responsibility of a winner, if applicable. Winners are advised to seek independent counsel regarding tax implications of their prize winning, if applicable.  Only the description and number of prizes stated in the Sweepstakes Post and Specific Terms is/are available to be awarded.  In no event will Promotion Entities be responsible to award more than the stated number of prizes, or prizes in different denominations than stated. Prizes will be awarded only assuming sufficient eligible Entries are received. If because of technical, typographical, mechanical or other errors or for any other reason, there are more claims for a prize than prizes offered as stated in the Sweepstakes Post and Specific Terms, and only if considered equitable and feasible by Sponsor, a random drawing will be held among all eligible non-suspect claimants in such category to award such prize for the respective Sweepstakes. Prizes cannot be assigned, transferred, redeemed for cash, or substituted, except by Sponsor who may, at its sole discretion, substitute a prize, or any item therein with a prize or substitute item of equal or greater value. Prizes, and any element thereof, including any products received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured in Sweepstakes communications or materials is for illustrative purposes only and may not be the actual prize awarded. WITH THE EXCEPTION OF ALL VALID MANUFACTURER’S WARRANTIES WITH RESPECT TO A PRIZE, PRIZES ARE PROVIDED "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

INDEMNIFICATION & RELEASE: BY PARTICIPATING, PARTICIPANTS, WINNER(S) AND PRIZE RECIPIENT(S) AGREE(S) TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER PROMOTION ENTITIES, AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS, AND THE APPLICABLE SOCIAL MEDIA PLATFORM (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN THIS PROMOTION AND A SWEEPSTAKES AND/OR PRIZE RELATED ACTIVITIES, ACCESS TO THE ANY PLATFORM OR WEBSITE (OR ANY FAILURE TO ACCESS) AND/OR ANY OTHER PARTICIPATION IN THIS PROMOTION. By entering and/or accepting a prize, Participants, winner(s) and prize recipient(s) covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any provision determined to be invalid shall be struck from these Official Rules and the remainder shall continue in full force and effect.

 

LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by platform or website users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to capture Entry or other information in any Sweepstakes or part thereof. Promotion Entities are not responsible for injury or damage to Participants' or to any other person's computer and/or mobile device related to or resulting from downloading materials from or use of any platform or website. If, for any reason, the Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, force majeure, technical or other failures or errors, or any other causes similar or dissimilar which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or element thereof and select the winner(s) from non-suspect, eligible Entries received prior to the action or as otherwise may be deemed equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, brochures, Promotion materials, announcements and/or any other information or communications by any person/entity in whatever media/medium relating to this Promotion or any element thereof, these Official Rules shall govern.

 

GENERAL CONDITIONS:  Neither Sponsor nor any of the Promotion Entities are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, misdirected, undelivered, or stolen entries, or for lost, interrupted or unavailable satellite, network, server, devices, Internet Service Provider (ISP), website, platform, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed equipment, computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or network, hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of any information, nor for the failure to capture any such information.  Persons who are suspected of fraud, artifice, cheating, tampering with, or abusing any aspect of the Promotion or any element thereof, including but not limited to use of robotics, bots, malware, or other unauthorized devices or participation methods, as solely determined by Sponsor will be disqualified.  ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

 

FORCE MAJEURE: Promotion Entities shall not be liable to Participants, winner(s) or any other person or entity for failure to execute the Promotion, Sweepstakes or any element thereof or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any kind, epidemic or pandemic, or any similar or dissimilar event beyond their reasonable control.

 

PUBLICITY RIGHTS:  By participating in a Sweepstakes and/or accepting a prize, Participants and winner(s) and prize recipients grant (and agree to confirm that grant in writing) permission for Sponsor and/or Sponsor's authorized representatives the right to use his/her name, information, likeness, image, voice, and statements for promotion, trade, commercial, and publicity purposes, at any time or times, in all media now known or hereafter discovered including television and the internet including Sponsor’s social media platforms and those of third parties whether or not connected with the Sweepstakes, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law. 

 

DISPUTES/ARBITRATION: THIS PROMOTION AND ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANT, SPONSOR, OR ANY OTHER PROMOTION ENTITY IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE UNITED STATES AND THE STATE OF  SOUTH CAROLINA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, to the fullest extent permitted by law, Participants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action or a jury trial, exclusively before a neutral one person binding arbitration located in or near Charleston, South Carolina having jurisdiction. Under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, incidental, consequential, and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased.

 

WINNERS LIST:  For name of prize winner(s) over $25, mail a SASE with the name of the Promotion and WINNER’S LIST REQUEST to the Sponsor’s address below, for receipt on or within five working days from the end date of the respective Entry Period. Limit one (1) request per person/household address.

 

SPONSOR:  RMS Organics, LLC., , 1460 Tobias Gadson Blvd Suite 140, Charleston, SC 29407

 

A copy of these Rules may be found at www.rmsbeauty.com/pages/official-rules.