DR.JART+ X ENHYPEN AUTOGRAPHED CARD AND VITAL HYDRA SOLUTION GIFT SET GIVEAWAY OFFICIAL RULES (the “Official Rules”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE GIVEAWAY. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THESE OFFICIAL RULES CONTAIN A RELEASE OF LIABILITY IN SECTION 7(a) AND VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTION 7(d) and SECTION 7(f).
1. ENTRY PERIOD. This DR.JART+ x ENHYPEN Autographed Card and Vital Hydra Solution™ Gift Set Giveaway (this “Giveaway”) is sponsored and administered by Have & Be USA Inc. d/b/a Dr. Jart+ (“Dr. Jart+” or “Sponsor”). The Giveaway entry period begins on October 6, 2024 at 12:00 AM Eastern Time (ET) and ends on October 12, 2024 at 3:00 AM ET(the “Entry Period”). The Sponsor’s computer is the Giveaway’s official clock. This Giveaway is governed by and shall be subject to these Official Rules. By entering the Giveaway, 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 Giveaway. Certain restrictions may apply.
2. SITE POLICIES. Participation in the Giveaway is also governed by the terms and policies pertaining to Sponsor’s website at: https://www.drjart.com (the “Giveaway Site”), which may be viewed on the Giveaway Site. The collection, use, and disclosure of information obtained online from entrants in the Giveaway is governed by Sponsor's Privacy Policy, which may be viewed at https://www.drjart.com/about-privacy-policy (such privacy policy and the Giveaway 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 Giveaway 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 Giveaway. By entering the Giveaway, each entrant also agrees to comply with any and all applicable laws in connection with his or her participation in the Giveaway. Entry in the Giveaway does not constitute entry into any other promotion, contest, or sweepstakes.
3. ELIGIBILITY. This Giveaway 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 Giveaway (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 Giveaway. Void where prohibited or restricted by law.
4. HOW TO ENTER.
- No purchase or payment is necessary to enter the Giveaway and a purchase or payment does not increase or improve the chances of winning. During the Entry Period, an eligible individual may enter the Giveaway through one of following two methods:
(i) purchase a Dr. Jart+ Vital Hydra Solution Jelly Bear Lip Mask on drjart.com; or
(ii) submit a review for any product on drjart.com. The review must clearly state that the review is being submitted as a part of a sweepstakes and include the hashtag #DrJartJellyBearSweepstakes. - There is a maximum of one (1) entry per person. An entrant cannot obtain multiple entries to the Giveaway by purchasing a Dr. Jart+ Vital Hydra Solution Jelly Bear Lip Mask on drjart.com and also leaving a review on drjart.com. Multiple purchases or reviews will not increase the number of entries or the entrant’s chances of winning.
- Each entry must be made by the entrant. 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 Giveaway. The use of any device to automate the entry process is prohibited.
- Entrants are prohibited from using multiple identities to enter the Giveaway more than once. If it is found or suspected that an entrant is using multiple identities to participate in the Giveaway, then that entrant, in Sponsor’s sole and absolute discretion, may be disqualified.
- In the event of a dispute as to an entrant’s entry, the natural person who is the authorized account holder of the email account associated with each purchase or review will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Giveaway. The “authorized account holder” is the natural person assigned to the email account. A 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.
- Each entry (including any photo, video, and all other data, information, content, and other materials included in the entry) must comply with the following:
(i) It must be entirely the original work of the entrant; no portion of the entry may be created using any artificial intelligence tool or generator;
(ii) It must not infringe, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights, or other proprietary rights of any third party;
(iii) It must comply with these Official Rules and all applicable laws; and
(iv) It must be suitable for publication to a general audience and must not contain anything that:
(v) is illegal, abusive, tortious, defamatory, pornographic, sexually explicit, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
(vii)promotes discrimination based on race, ethnicity, nationality, religion, sex, sexual orientation, disability, or age;
(vii) promotes violence or unsafe or illegal activity;
(viii) is threatening, harassing, or degrading;
(ix) serves to impersonate any person or entity or misrepresent affiliation with any person or entity; or
(x) disparages or injures the reputation or goodwill of Sponsor or any of its respective officers, directors, employees, products, or services. - All entries must be received by the end of the Entry Period. All entries become the property of the Sponsor and will not be acknowledged or returned. Proof of transmission of an entry does not constitute proof that it was received. Incomplete, unreadable, late, or unintelligible entries are void and will be disqualified. False, fraudulent or deceptive entries or acts shall render entrants ineligible. Entries that do not comply with these requirements (as determined by Sponsor in its sole discretion) are void and will be disqualified. Entrants may be required to submit proof of compliance with these requirements, and failure to provide such proof on request may, in Sponsor’s sole discretion, disqualify an entrant’s entry.
- By entering the Giveaway, each entrant represents and warrants to Sponsor that: (i) the entrant’s entry(ies) meets all of the requirements in this Section 4; (ii) the entrant meets all the eligibility requirements for the Giveaway; and (iii) The entrant has complied with these Official Rules and all applicable laws in entering and participating in the Giveaway.
5. PRIZE(S).
- Subject to the terms and conditions of these Official Rules, three (3) winners (each a “Winner”) will be selected by random drawing on or about October 20 , 2024. Each Winner will receive a prize package consisting of the following: one (1) Jelly Bear Card signed by the members of the K-Pop group ENHYPHEN (valued at $150.00 USD), one (1) Dr. Jart+ Vital Hydra Solution Water Cream Glow Moisturizer With Hyaluronic Acid (valued at $38.00 USD), one (1) Dr. Jart+ Vital Hydra Solution Glow Face Mask With Hyaluronic Acid (valued at $10.00 USD), one (1) Dr. Jart+ Vital Hydra Solution Hydro Plump Night Mask (valued at $35.00 USD), and one (1) Dr. Jart+ Vital Hydra Solution Hydro Plump Treatment Essence With Hyaluronic Acid (valued at $34.00 USD). Each prize package will have an approximate retail value of one hundred seventeen dollars ($117.00 USD). The total approximate retail value of all prizes is three hundred fifty-one dollars ($351.00 USD). For clarity, ENHYPHEN is not a sponsor of the Giveaway and shall have no obligation, responsibility or liability to any entrant in connection with the Giveaway.
- 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 each Winner at the expense of the Sponsor.
6. WINNER SELECTION.
Three (3) Winners will be selected by random drawing on or about October 20, 2024, and will be notified via email on or about October 25, 2024 (a “Prize Notification”) Each potential Winner will have five (5) days to respond in writing to the Prize Notification once it has been sent to each 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 a potential Winner for any reason. Each 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 a potential Winner for any reason. In order to claim a prize, each 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 a 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 a Winner as income. All federal, state and local tax liabilities related to receiving the prize are the responsibility of each Winner.
7. GENERAL.
- Release. By entering the Giveaway, 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 Giveaway; (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.
- Termination or Cancellation. If for any reason, this Giveaway is not capable of running as planned, or if this Giveaway or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Giveaway 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 Giveaway, 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 Giveaway or any portion thereof. In the event this Giveaway 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 the Giveaway Site.
- Remedies. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of this Giveaway 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.
- 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 Giveaway; inability to access the Giveaway Site ; 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 Giveaway Site) 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.
- 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.
- Governing Law; Dispute Resolution. All disputes concerning the Giveaway, 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 Giveaway 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 Giveaway, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Giveaway, 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 Giveaway, 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.
- Use of Personal Information. Any entry information (including personal data) collected from the Giveaway 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 Giveaway (including without limitation, an entrant’s name, biographical data, and city and state/province of residence) may be used for the administration of the Giveaway. 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 Giveaway, 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.
- License Grant. By submitting an entry, each entrant irrevocably grants Sponsor and its designees the unconditional, irrevocable, and perpetual right and permission, royalty-free, to use the entry and any other work of authorship, data, ideas, information, images, content, or materials included in such entry, in any media now known or hereafter devised, throughout the world for purposes of advertising and promoting the Giveaway and related activities, as well as for any and all other uses in connection with furthering the mission of Sponsor. Sponsor is not obligated to use any of the above-mentioned works of authorship, data, ideas, information, images, content, or materials, but if Sponsor does so, Sponsor may edit them in Sponsor’s sole discretion, and all such uses will be without further obligation or compensation. Each entrant waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor's use of the entry or exercise of any rights granted to Sponsor as stated in this paragraph, and each entrant agrees not to sue or assert any claim against the Promotion Entities with respect to any such use.
8. SPONSOR: The Sponsor of the Giveaway is Have & Be USA Inc. d/b/a Dr.Jart+, 28 W 23rd Street, New York, NY 10010. For questions about the Giveaway, please contact Sponsor at customerservice@drjart.com.
9. SOCIAL MEDIA PLATFORMS: The Giveaway may be advertised on or accessed through one or more social media platforms. However, the Giveaway is in no way sponsored, endorsed, or administered by, or associated with, any such platforms. Entrants agree to comply with all terms and policies governing such platforms in connection with the Giveaway.
10. SOCIAL MEDIA PLATFORMS: To obtain written notice of the Winners for the Giveaway, send a self-addressed stamped envelope (Vermont residents may omit the return postage) to Attn: Dr.Jart + x ENHYPHEN Vital Hydra Solution Gift Set Giveaway, 28 W 23rd Street, New York, NY 10010, or send an email to customerservice@drjart.com. All such requests must refer to the Giveaway and be received no later than six (6) months after the end of the Entry Period. These Official Rules will be posted on the Giveaway Site during the Entry Period and for two (2) weeks after that.