Dr. Jart+ AAPI Heritage Month Sweepstakes OFFICIAL RULES (the “Official Rules”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. 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).
This Sweepstakes is not sponsored, endorsed or administered by Instagram or TikTok, and neither Instagram or TikTok is associated with this Sweepstakes in any way. By entering, you acknowledge that Instagram and TikTok bear no responsibility for this promotion and you release Instagram and TikTok from any liability whatsoever in connection with this promotion. You understand that you are providing information to the Sponsor and not to Instagram or TikTok. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor, and not to Instagram or TikTok.
1. ENTRY PERIOD. This Dr. Jart+ AAPI Heritage Month 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 May 10th, 2023 at 12:00 PM Eastern Time (ET) and ends on May 12th, 2023 at 12:00 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.
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, Prize Providers, their affiliates, their 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 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 through one of the following two methods:
Entering through Instagram: (1) follow the Dr. Jart+ Instagram profile (https://www.instagram.com/@drjart) and (2) leave a comment and tag two (2) friends in the comment in the comments section of the Instagram post from Dr. Jart+ promoting this Sweepstakes; or
Entering through TikTok: (1) follow the Dr. Jart+ TikTok profile (https://firstname.lastname@example.org) and (2) leave a comment and tag two (2) friends in the comment in the comments section of the TikTok post from Dr. Jart+ promoting this Sweepstakes.
Each entry must be made by the entrant on Instagram or TikTok. 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.
There is a limit of one (1) entry per person on each social media platform during the Entry Period (i.e., an entrant may enter once on Instagram and once on TikTok). Entrants are prohibited from using more than one (1) Instagram or TikTok profile or multiple identities to enter the Sweepstakes more than once on each social media platform. If it is found or suspected that an entrant is using more than one Instagram or TikTok profile or multiple identities to participate in the Sweepstakes, 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 Instagram or TikTok 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 or TikTok 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.
Subject to the terms and conditions of these Official Rules, one (1) winner from Instagram and one (1) winner from TikTok (each a “Winner”) will be selected by random drawing on or about May 12, 2023. Each Winner may only claim the prizes once. If an entrant is chosen as a Winner on one social media platform, such entrant cannot be chosen as a Winner on the other social media platform. Each Winner will receive the following prizes:
One (1) 50mL tube of Dr. Jart+ Ceramidin Skin Barrier Moisturizing Cream;
One (1) Dr. Jart+ Cryo Rubber Mask with Moisturizing Hydraluronic Acid;
One (1) Dr. Jart+ Dermask Water Jet Vital Hydra Solution;
One (1) pair of The Roebling Earring from This is Alaya;
One (1) The Omsom Sauce Bundle from Omsom;
One (1) White Bucket Hat from the Asian American Girls Club;
One (1) BOBABAM Brown Sugar Instant Boba Drink Kit;
One (1) Love Puns Sticker Sheet from Milky & Co. Studios;
One (1) Bundle of Asian Food Puns Greeting Cards from Milky & Co. Studios;
One (1) Cheery Dimsum - Acrylic Keychain from Milky & Co. Studios;
One (1) pack of Sanzo sparkling water, 12 cans, Yuzu flavor;
One (1) pair of Heart & Star Hair Clips from OHT NYC;
One (1) Heart Charm Necklace from OHT NYC; and
One (1) The Black Obsidian Facial Spa Set from Mount Lai.
All of the prizes listed in Section 5(a) together have a total estimated retail value of four hundred fifty dollars ($450.00 USD). The approximate retail value of all prizes is nine hundred dollars ($900.00 USD).
The odds of winning a prize are determined by the total number of eligible entries received. All prizes are 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 prizes will be shipped to the Winners at the expense of the Sponsor or the Prize Providers.
6. WINNER SELECTION.
One (1) Winner from each of Instagram and TikTok will be selected by random drawing on or about May 12, 2023, and will be notified via Instagram or TikTok Direct Message (as applicable) within 1 day(s) of this date (a “Prize Notification”). Each 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 their prizes. 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 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. Prizes are 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 any prize and the approximate retail value set forth in these Official Rules may not be claimed and will not be awarded. The value of each prize may be taxable to each Winner as income. All federal, state and local tax liabilities related to receiving the prize are the responsibility of the winners.
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.
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 and TikTok profiles and at the Sweepstakes Site.
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.
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, the Dr. Jart+ Instagram profile or the Dr. Jart+ TikTok 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, the Dr. Jart+ Instagram profile or the Dr. Jart+ TikTok 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.
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 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.
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 email@example.com.
9. PRIZE PROVIDERS: In addition to prizes provided by the Sponsor, certain prizes for the Sweepstakes as described in these Official Rules are provided by the following entities: Alaya, Omsom, Inc., Asian American Girls Club, BEK Foods, LLC, Milky & Co. Studios, Sanzo Brands Inc., OHTNYC, 88 Harmony Place LLC, d/b/a Mount Lai (collectively, “Prize Providers”). Prize Providers are not sponsors of the Sweepstakes and shall have no obligation, responsibility or liability to any entrant in connection with the Sweepstakes.
10. 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+ AAPI Heritage Month Sweepstakes, 28 W 23rd Street, New York, NY 10010, or send an email to firstname.lastname@example.org. 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.