1. ENTRY PERIOD. This Dr Jart+ Jelly Bear Guessing Game (this “Contest”) is sponsored and administered by Have & Be USA Inc. d/b/a Dr. Jart+ (“Dr. Jart+” or “Sponsor”). The Contest entry period begins on August 16th, 2023 at 9 AM Eastern Time (ET) and ends on August 17th, 2023 at 9 PM ET (the “Entry Period”). The Sponsor’s computer is the Contest’s official clock. This Contest is governed by and shall be subject to these Official Rules. By entering the Contest, all participants agree to be bound by the terms and conditions herein, all applicable laws in connection with his or her participation in the Contest, and by the decisions of Sponsor, which shall be final and binding on all matters pertaining to this Contest. Certain restrictions may apply.

2. SITE POLICIES. Participation in the Contest is also governed by the terms and policies pertaining to Sponsor’s website at: https://forms.office.com/r/3U0e6fep19 (the “Contest Site”), which may be viewed on the Contest Site. The collection, use, and disclosure of information obtained online from entrants in the Contest is governed by Sponsor's Privacy Policy, which may be viewed at https://www.drjart.com/about-privacy-policy (such privacy policy and the Contest 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 Contest 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 Contest. By entering the Contest, each entrant also agrees to comply with any and all applicable laws in connection with his or her participation in the Contest. Entry in the Contest does not constitute entry into any other promotion, contest, or sweepstakes.

3. ELIGIBILITY. This Contest is open only to natural persons who, as of the time of entry, are (a) legal residents of the fifty (50) United States and 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 and its respective affiliates, advertising and promotion agencies, and any other company or organization involved with the development, promotion, sponsorship, or operation of the Contest (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 Contest. Void where prohibited or restricted by law.

4. HOW TO ENTER: No Purchase Necessary. To enter the Contest, each entrant must complete and submit an online “Contest Entry Form” found on the Contest Site, including completion of all of the elements described in this Section (each, an “Entry”) prior to the end of the Entry Period. A complete Entry will include, in addition to all other materials and information requested in the Contest Entry Form: (i) the entrant’s full name, email address, and state/ territory of the primary residence of the entrant; and (ii) the entrant’s estimate for how many jelly bears are contained in the applicable installation at the Dr. Jart+ Jellyverse NYC Pop-up Event (the “Installation”).

1. There is a limit of one (1) Entry per person during the Entry Period. Entrants are prohibited from using multiple identities to enter the Contest more than once. If it is found or suspected that an entrant is using multiple identities to participate in the Contest, then that entrant, in Sponsor’s sole and absolute discretion, may be disqualified.
2. 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 listed in the Entry will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Contest. The “authorized account holder” is the natural person assigned to the email 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.
3. 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.
4. By entering the Contest, each entrant represents and warrants to Sponsor that: (i) the entrant’s Entry meets all of the requirements in this Section 4; (ii) the entrant meets all the eligibility requirements for the Contest; and (iii) The entrant has complied with these Official Rules and all applicable Laws in entering and participating in the Contest.

5. JUDGING PROCESS AND WINNER DETERMINATION: Eligible Entries will be judged by Sponsor employees (“Judges”). Judging will take place within two (2) business days of the end of the Entry Period (“Judging Period”). Judges will judge the Entries based on how close each entrant’s estimated number of jelly bears is to the actual number of jelly bears in the Installation. The entrant whose Entry provides the closest estimate to how many jelly bears are in the Installation (regardless of whether the estimate is above or below the actual number of jelly bears) is the “Winner”. In the event of a tie between eligible Entries, the Winner will be chosen by random drawing amongst the tied Entries.

6. CHANCES OF WINNING: The chances of winning a prize depend on the number of eligible Entries received during the Entry Period and the quality of each Entry as evaluated by the judges on the basis of the judging Criteria described in these Official Rules. Sponsor cannot predict or guarantee any specific number of eligible Entries for this Contest. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

7. PRIZE(S). The Winner will receive Dr. Jart+ products selected by the Sponsor in its sole discretion and provided to the Winner periodically over a twelve (12) month period after the end of the Entry Period. The total approximate retail value of the prizes is five hundred dollars ($500.00 USD).

8. GENERAL PRIZE CONDITIONS: All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Neither entry in the Contest nor the receipt of any prizes is intended to, and shall not be deemed to, create any employment or similar contract or relationship between Sponsor and any entrant or Winner. No prize is exchangeable, assignable, or otherwise transferable, except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute for any prize one or more items or services of equal or greater value in its sole discretion.

9. WINNER SELECTION.

1. The Winner will be notified via email within five (5) days of the end of the Judging Period (a “Prize Notification”). The potential Winner will have five (5) days to respond in writing to the Prize Notification, including providing any requisite information to accept their prizes. The Winner may be required to execute and return required notarized Affidavit of Eligibility/ Release of Liability 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, 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.
2. 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 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 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.

10. GENERAL.

1. Release. By entering the Contest, 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 Contest; (iii) any breach or other violation by such entrant of these Official Rules, the Privacy Policy, or applicable laws; or (iv) any use of an entrant’s personal information and entries as permitted under these Official Rules.
2. Disqualification. Sponsor reserves the right in its sole discretion to disqualify any entrant who Sponsor finds, in its sole discretion, to be tampering with the participation process or the operation of the Contest or the Contest Site, to be acting in violation of these Official Rules, to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
3. Termination or Cancellation. If for any reason, this Contest is not capable of running as planned, or if this Contest or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Contest 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 Contest, 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 Contest or any portion thereof. In the event this Contest 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 Contest Site.
4. Remedies. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of this Contest 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.
5. 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:
   
   1. 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 Contest;
   2. 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 Contest Site) or for any other reason whatsoever;
   3. printing or other errors; or any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof;
   4. the acceptance, receipt, possession and/or use or misuse of any prize (or any portion of any prize);
   5. any use of an entrant’s personal information and entries as permitted under these Official Rules; or
   6. any other events beyond Sponsor’s reasonable control.
   The foregoing release does not include claims, injuries, damages, liabilities, costs, expenses, or losses related to personal injury, death, or damage to or loss of property of an entrant to the extent that such claims or losses occur, directly or indirectly, in whole or in part, from the negligence of one or more of the Promotion Entities.
6. Limitation of Liability. NO SPONSOR OR ANY OTHER PROMOTION ENTITY, SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTEST, ANY PRIZE, OR THESE OFFICIAL RULES, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH PROMOTION ENTITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. ALL PRIZES ARE GIVEN AWAY “AS IS.” THE PROMOTION ENTITIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARD TO THE CONTEST OR ANY PRIZE.
7. Governing Law; Dispute Resolution. All disputes concerning the Contest, 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 Contest 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 Contest, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Contest, 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 Contest, 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. Use of Personal Information. Any entry information (including personal data) collected from the Contest 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 Sponsor’s Privacy Policy. In the event there is an inconsistency between the Sponsor’s Privacy Policy or any Contest 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 Contest. All personal information collected from the Contest (including without limitation, an entrant’s name, biographical data, and city and state/province of residence) may be used for the administration of the Contest. 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 Contest, 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/territory 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.

11. SPONSOR: The Sponsor and administrator of the Contest is Have & Be USA Inc. d/b/a Dr. Jart+. For questions about the Contest, please contact Attn: Dr Jart+, 28 W 23rd Street, New York, NY 10010., or send an email to customerservice@drjart.com.

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