1. ENTRY PERIOD. This Dr. Jart+ ENHYPEN Polaroid Sweepstakes (this “Sweepstakes”) is sponsored and administered by Have & Be USA Inc. d/b/a Dr. Jart+ (“Dr. Jart+” or “Sponsor”). The Sweepstakes entry period begins on December 3rd, 2023 at 2:00 PM Eastern Time (ET) and ends on December 5th, 2023 at 2:00 PM ET (the “Entry Period”). The Sponsor’s computer is the Sweepstakes’ official clock. This Sweepstakes is governed by and shall be subject to these Official Rules. By entering the Sweepstakes, all participants agree to be bound by the terms and conditions herein and by the decisions of Sponsor, which shall be final and binding on all matters pertaining to the Sweepstakes. Certain restrictions may apply.

2. SITE POLICIES. Participation in the Sweepstakes is also governed by the terms and policies pertaining to Sponsor’s website at: https://www.drjart.com/terms (the “Sweepstakes Site”), which may be viewed on the Sweepstakes Site. The collection, use, and disclosure of information obtained online from entrants in the Sweepstakes is governed by Sponsor's Privacy Policy, which may be viewed at https://www.drjart.com/about-privacy-policy (such privacy policy and the Sweepstakes Site terms and policies are referred to in these Official Rules as the “Policies”). In the event there is an inconsistency between the Policies or any Sweepstakes promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern with respect to any matter pertaining to the Sweepstakes. By entering the Sweepstakes, each entrant also agrees to comply with any and all applicable laws in connection with his or her participation in the Sweepstakes. Entry in the Sweepstakes does not constitute entry into any other promotion, contest, or sweepstakes.

3. ELIGIBILITY. This Sweepstakes is open only to natural persons who, as of the time of entry, are (a) legal residents of the fifty (50) U.S. States or the District of Columbia (excluding Puerto Rico, U.S. Virgin Islands, and Guam); and (b) eighteen (18) years of age or older or the legal age of majority in the entrant’s state of residence if higher than age 18. The officers, directors, employees, contractors, and agents of the Sponsor, its affiliates, its advertising and promotion agencies, and any other company or organization involved with the development, promotion, sponsorship, or operation of the Sweepstakes (collectively “Promotion Entities”), and the immediate families and those living in the same household of any of the above (whether or not related), are not eligible. All federal, state and local laws, rules and regulations apply to this Sweepstakes. Void where prohibited or restricted by law.

4. HOW TO ENTER. No purchase or payment

1. is necessary to enter the Sweepstakes and a purchase or payment does not increase or improve the chances of winning. During the Entry Period, an eligible individual may enter the Sweepstakes by: (i) following the Dr. Jart+ Instagram profile (https://www.instagram.com/@drjart) and following the ENHYPEN Instagram profile (https://www.instagram.com/@enhypen); (ii) tagging one (1) friend in a comment in the comments section of the Instagram post from Dr. Jart+ promoting this Sweepstakes; and (iii) naming a favorite song by ENHYPEN in a comment in the comments section of the Instagram post from Dr. Jart+ promoting this Sweepstakes.
2. Each entry must be made by the entrant on Instagram. Entries made by any other individual or any entity, and/or originating at any other Internet website or email address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device to automate the entry process is prohibited.
3. There is a limit of one (1) entry per person during the Entry Period. Entrants are prohibited from using more than one (1) Instagram profile or multiple identities to enter the Sweepstakes more than once. If it is found or suspected that an entrant is using more than one Instagram profile or multiple identities to participate in the Sweepstakes, then that entrant, in Sponsor’s sole and absolute discretion, may be disqualified.
4. In the event of a dispute as to an entrant’s entry, the natural person who is the authorized account holder of the Instagram account will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Sweepstakes. The “authorized account holder” is the natural person assigned to the Instagram account. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the winning entrant may be deemed ineligible.
5. All entries must comply with the Instagram Terms of Use, any applicable submission requirements located on Instagram, and any other requirements set forth in these Official Rules.

5. PRIZE(S).

1. Subject to the terms and conditions of these Official Rules, one (1) winner (the “Winner”) will be selected by random drawing on or about December 6th, 2023. The Winner will receive a set of seven (7) polaroids, each of a member of the K-Pop group ENHYPEN. The prize has a total approximate retail value of five hundred dollars ($500.00 USD).For clarity, ENHYPEN is not a sponsor of the Sweepstakes and shall have no obligation, responsibility or liability to any entrant in connection with the Sweepstakes.
2. The odds of winning the prize are determined by the total number of eligible entries received. The prize is awarded "as is" with no guarantee, either express or implied. If by reason of a printing, typographical, administrative or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded. The prize will be shipped to the Winner at the expense of the Sponsor.

6. WINNER SELECTION.

One (1) Winner will be selected by random drawing on or about December 6th, 2023, and will be notified via Instagram Direct Message within 1 day(s) of this date (a “Prize Notification”) The potential Winner will have two (2) days to respond in writing to the Prize Notification once it has been sent to the potential Winner, including providing any requisite information to accept his/her prize. Sponsor shall have no liability for any Prize Notification that is lost, intercepted, or not received by the potential Winner for any reason. The Winner may be required to execute and return a notarized Affidavit of Eligibility/ Release of Liability provided by Sponsor within 30 days of notification. Sponsor shall have no liability for any Prize Notification that is lost, intercepted, or not received by the potential Winner for any reason. In order to claim a prize, the potential Winner may be required to verify for Sponsor his or her permanent address and social security or taxpayer identification number, for purposes of compliance with tax regulations..

Failure to respond to Prize Notifications, return all required forms within 30 days, or comply with any other provision of these Official Rules may result in the Winner being disqualified and an alternate Winner may be selected. If a Prize Notification or a prize is returned as undeliverable for any reason, an alternate Winner may be selected by random draw from all remaining eligible entries at the Sponsor’s discretion. Sponsor may successively attempt to contact up to five (5) potential Winners in accordance with such procedure, and if there is still no confirmed Winner of a prize after such attempts have been made, Sponsor may announce an alternate means for awarding that prize. All expenses incurred in association with acceptance or use of any prize or prize component that are not specifically provided for herein are solely the responsibility of the applicable Winner. The prize is not transferable, assignable, or redeemable for cash. All of Sponsor’s decisions are final. Sponsor reserves the right to substitute the prize with a prize of equal or greater value in its sole discretion. Any difference between the actual value of the prize and the approximate retail value set forth in these Official Rules may not be claimed and will not be awarded. The value of the prize may be taxable to the Winner as income. All federal, state and local tax liabilities related to receiving the prize are the responsibility of the Winner.

7. GENERAL.

1. Release. By entering the Sweepstakes, each entrant releases, holds harmless, and waives all claims against the Promotion Entities for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorney's fees) that may occur, directly or indirectly, in whole or in part, from: (i) acceptance, receipt, use, or misuse of any prize or parts thereof; (ii) participation in this Sweepstakes; (iii) any breach or other violation by such entrant of these Official Rules, the Policies, or applicable laws; or (iv) any use of an entrant’s personal information and entries as permitted under these Official Rules.
2. Termination or Cancellation.If for any reason, this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, the Sponsor reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect online entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted on Dr. Jart+’s Instagram profile.
3. Remedies. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of this Sweepstakes is a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
4. Limitation of Responsibilities for the Promotion Entities. The Promotion Entities and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to entrant's or any other person's computer relating to or resulting from participation in the Sweepstakes; inability to access the Sweepstakes Site or the Dr. Jart+ Instagram profile; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site (including the Sweepstakes Site or the Dr. Jart+ Instagram profile) or for any other reason whatsoever; printing or other errors; or any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof.
5. Incomplete Entries. Incomplete entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive entries or acts shall render entrants ineligible.
6. Governing Law; Dispute ResolutionAll disputes concerning the Sweepstakes, the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of each entrant and any Promotion Entity in connection with these Official Rules or the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York and applicable United States federal law, without giving effect to any choice of law or conflict of law rules that would cause the application of the Laws of any other jurisdiction. By entering the Sweepstakes, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, will be resolved individually, without resorting to any form of class action, and solely and exclusively in a federal or state court located in New York, New York; entrant submits to sole and exclusive personal jurisdiction and venue of said courts for any such dispute and irrevocably waives any and all rights to object to such courts on any basis, including improper venue and inconvenience of the forum; and (ii) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and by entering each entrant waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased, and any other damages, other than for actual out-of-pocket expenses. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
7. Use of Personal Information. Any entry information (including personal data) collected from the Sweepstakes shall be used in a manner consistent with the consent given by entrants at the time of the entry, with these Official Rules and with the Dr. Jart+ Privacy Policy. All personal information collected from the Sweepstakes (including without limitation, an entrant’s name, biographical data, and city and state/province of residence) may be used for the administration of the Sweepstakes. Except to the extent prohibited by applicable laws, each Winner grants to Sponsor and each of its respective designees the right to publicize such Winner's name and address (city and state/province of residence), photo (if provided), and prize information in connection with the Sweepstakes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission. If an entrant objects to the publication or making available of their name, address (city and state/province of residence), photo (if provided), and prize information, the entrant must contact the Sponsor at customerservice@drjart.com. In such circumstances, the Sponsor may still provide the information and winning entry to third parties (e.g. regulators) where required by applicable Law, such as for tax reporting purposes or to show that a valid award took place.

8. SPONSOR: The Sponsor of the Sweepstakes is Have & Be USA Inc. d/b/a Dr. Jart+, 28 W 23rd Street, New York, NY 10010. For questions about the Sweepstakes, please contact Sponsor at customerservice@drjart.com.

9. WINNERS LIST/OFFICIAL RULES: To obtain written notice of the Winners for the Sweepstakes, send a self-addressed stamped envelope (Vermont residents may omit the return postage) to Attn: Dr Jart+ ENHYPEN Polaroid Sweepstakes, 28 W 23rd Street, New York, NY 10010, or send an email too customerservice@drjart.com. All such requests must refer to the Sweepstakes and be received no later than six (6) months after the end of the Entry Period. These Official Rules will be posted on the Sweepstakes Site during the Entry Period and for two (2) weeks after that.