Official Launch Giveaway Terms and Conditions
This Version is Effective: 29 August 2020
NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY ENTERING THIS SWEEPSTAKES, ENTRANTS ACCEPT AND AGREE TO BE BOUND BY THESE OFFICIAL TERMS & CONDITIONS AND REPRESENT THAT THEY SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS.
INTERNET ACCESS AND AN EMAIL ACCOUNT REQUIRED.
NAME: SheFvckinBad Official Launch Giveaway
INTERNET ACCESS AND AN EMAIL ACCOUNT REQUIRED.
NAME: SheFvckinBad Official Launch Giveaway
- SPONSOR: This Sweepstakes is sponsored by fleshbeauty.com, 49th floor, One New York Plaza, New York, New York 10004. (“Sponsor”).
This Sweepstakes is not sponsored, endorsed, administered by, or associated with any other organization in any way. By participating in this Sweepstakes, you (“you” or “Entrant”) acknowledge and agree that you are providing your Entry (as defined below) to Sponsor, and agree to these terms and conditions (“Terms & Conditions”) in all respects. Any questions, comments, or complaints regarding the Sweepstakes must be directed to the Sponsor.
- ADMINISTRATOR: This Sweepstakes is administered by SheFvckinBad 328 L Street, Sparks, NV 89419. (“Administrator”).
- SWEEPSTAKES PERIOD: The Sweepstakes begins on or about 11:00 AM Eastern Time (“ET”) September 13, 2019 and ends at 10:00 AM ET on September 16th, 2019.
- AGE AND OTHER ELIGIBILITY: NO PURCHASE NECESSARY. Participation is open to individuals who are legal residents of the fifty (50) United States or the District of Columbia who are at least eighteen (18) years old as of date of entry. Void outside of the fifty (50) United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of Sponsor and its parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Sweepstakes materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Sweepstakes may only be entered in or from the fifty (50) United States and the District of Columbia, and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in the Sweepstakes if you are not located within the fifty (50) United States or the District of Columbia. All federal, state and local laws and regulations apply.
- HOW TO ENTER: During the Sweepstakes Period, you must join our mailing list
STEP 1: Go to https://www.shefvckinbad.com/get-involved; AND
STEP 2: Complete the form with your name and email and check the box to agree to receive marketing and promotional materials
STEP 3: Click the ‘Subscribe to Newsletter’ button and confirm your subscription via email confirmation
ONLY ONE ENTRY PER PERSON.
The following will result in disqualification from the Sweepstakes: 1) Duplicate entries; 2) submission of false information
- IMPORTANT SUBMISSION GUIDELINES:
You must not submit, upload, post, transmit, transfer, distribute, or facilitate distribution of any submission that contains, as determined by the Sponsor in Sponsor’s sole discretion, any content that:
- is violent;
- is derogatory of any ethnic, racial, gender, religious, professional, or age group, or of any other characteristic, trait, affiliation, or association;
- defames, misrepresents, or contains disparaging remarks about other people or companies;
- endorses any form of hate or hate group;
- contains nudity or is or sexually explicit, suggestive, or pornographic;
- depicts or promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- depicts or promotes any activity that may appear unsafe or dangerous;
- promotes any particular political agenda or message;
- is profane, obscene, or offensive;
- contains, without permission, the name, likeness, voice, or other indicia of any identifiable person other than yourself, including, without limitation, celebrities and/or other public or private figures, living or dead;
- contains trademarks, logos, or trade dress (such as distinctive packaging, branded clothing, or building exteriors/interiors) owned by others;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, social media, television, movies, or other media), and used by you without permission;
- communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
- Violates any law.
- For the purposes of these terms and conditions (“Terms & Conditions”), all times and days are Eastern Time. Normal Internet access and usage charges imposed by your online service provider will apply and are not the responsibility of Sponsor.
Sponsor may run multiple campaigns, contests, or sweepstakes simultaneously. Entry into one campaign, contest or sweepstakes does not constitute entry into any other, unless specifically stated in the official Terms & Conditions of such campaign, contest or sweepstakes.
- BY ENTERING THIS SWEEPSTAKES, EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT: (i) THE PARTICIPANT HAS OPTED-IN TO THE SPONSOR’S COLLECTION AND USE OF PARTICIPANT’S EMAIL AND ANY/ALL CONTENT ASSOCIATED THEREWITH RELATING TO THE SWEEPSTAKES FOR PROMOTIONAL PURPOSES WITHOUT COMPENSATION OR ANY FURTHER CONSIDERATION; (ii) BY OPTING-IN, THE PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS READ AND CONSENTS TO ALL TERMS AND CONDITIONS SET FORTH IN HEREIN; (iii) THE PARTICIPANT HAS OBTAINED THE CONSENT OF ALL INDIVIDUALS APPEARING IN THE SUBMISSION AND, vi) IF SELECTED AS A WINNER, THE PARTICIPANT WILL BE REQUIRED TO PROVIDE THE SPONSOR AND ANY THIRD PARTY DESIGNATED BY THE SPONSOR AS NECESSARY TO THE ADMINISTRATION OF THE CONTEST WITH PERSONALLY IDENTIFIABLE INFORMATION AND DOCUMENTATION REQUIRED TO VERIFY ELIGIBILITY AND TO FULFILL DELIVERY AND RECEIPT OF THE SWEEPSTAKES PRIZE. EACH PARTICIPANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNERS’ LIST.
- USE OF ENTRIES: Without limiting any rights Sponsor may have pursuant to these Terms & Conditions, you hereby grant to Sponsor, its subsidiaries, successors, licensors, licensees, agents, and assigns, and others Sponsor may designate, the unlimited right and permission to exploit, exhibit, display, post, edit, and otherwise use your entry (and all material and information incorporated therein), and any material based on, derived from, or incorporating your entry, together with any other material, in whole or in part, in perpetuity, anywhere in the world, in any and all media (whether now known or hereafter devised) without compensation or further consideration.
SUBMISSIONS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANTS AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. PARTICIPATION IN THIS SWEEPSTAKES, AND SPONSOR’S POSTING AND USE OF ANY SUBMISSION IS FOR ENTERTAINMENT PURPOSES ONLY. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF SUBMISSIONS AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH MONITORING, SCREENING, OR REVIEWING SUBMISSIONS. SPONSOR RESERVES THE RIGHT TO DELETE ANY POST THAT IS IN VIOLATION OF THE RESTRICTIONS AND GUIDELINES SET FORTH IN THESE TERMS & CONDITIONS.
Sponsor is not responsible for lost, late, or incomplete Entries, for those who cannot access the Internet, or if Entry information is not captured correctly, or for any technical, hardware, software, Internet, virus contamination, network, and/or human error, any electronic malfunctions, or any other problems occurring during participation/attempted participation in the Sweepstakes or for delay, failure, or malfunction of any kind for any reason.
One (1) winner will be awarded in the Sweepstakes. The Prize consists of:
- One (1) Tank Top of Choice
- Free Shipping
- Approximate Total Retail Value (“ARV”) of Grand Prize: $15.
No transfer, cash, or other substitution of any prize allowed except that Sponsor reserves the right, in its sole and absolute discretion, to substitute an advertised prize or prize component with a prize/prize component of comparable or greater value.
In order for a winner to claim and receive a prize, winner, and where required by law winner’s parent or legal guardian, must complete the Affidavit of Eligibility, Consent and Release and Receipt of Prize (“Affidavit of Eligibility, Release of Liability and Prize Acceptance Form”) as directed by Sponsor. If the winner does not complete the Affidavit of Eligibility, Release of Liability and Prize Acceptance Form within the specified time period, the prize will be forfeited. Sponsor will not replace any lost or stolen prizes. Prizes are non-transferable, with no cash redemptions, equivalents, or substitutions. All prizes are awarded "AS IS" and without warranty of any kind, express or implied, (including without limitation, any implied warranty of merchantability or fitness for a particular purpose).
Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive, if any, and may be required to sign tax documents, file a Form 1099 with the IRS, and pay taxes on the value of the Prize.
- SELECTION OF WINNER: The Grand Prize Winner will be randomly selected by Sponsor between the hours of 11:00 a.m. ET and 1:00 p.m. ET on September 16, 2019, from the entry posts received. The potential winner selected will be subject to confirmation of eligibility. Sponsor will have complete discretion over interpretation of the Terms & Conditions, administration of the Sweepstakes, and selection of the winner. Decisions of the Sponsor as to the administration of the Sweepstakes, interpretation of the Terms & Conditions, and the selection of the winner will be final. In the event of a dispute, entries will be deemed to have been submitted by the person identified by name.
- ODDS OF WINNING: Odds of winning depend on the total number of valid entries. Buying any product or service will not help you win.
- WINNER NOTIFICATION: Potential winner will be notified by Sponsor via email between the hours of 1:00pm ET and 4:00pm ET on September 16, 2019. Potential winner will need to respond to winning notification via email by 5:00pm ET on September 17, 2019.
- PUBLICITY RELEASE: Subject to applicable law, by entering this Sweepstakes, each participant affirmatively and irrevocably agrees, consents to, and grants Sponsor the right to use their name, image, likeness, voice, city, state, country, and/or other biographical material for any and all purposes including, but not limited to, advertising, promotional, marketing, and/or publicity purposes in connection with the Sweepstakes, in all forms of media now and hereafter known, worldwide in perpetuity, without any obligation or further consideration. By entering this Sweepstakes, each participant affirmatively and irrevocably agrees not to issue any publicity of any kind concerning the Sweepstakes or the Sponsor without the prior written approval of Sponsor.
- REPRESENTATIONS AND WARRANTIES: Each participant represents and warrants that he or she: (i) has read, understands, and will adhere to these Terms & Conditions; (ii) is a legal resident of the fifty (50) United States or the District of Columbia; (iii) is at the time of entry of the age specified in the Terms & Conditions or has the permission of his/her parent or legal guardian to enter and win if required by law; and (iv) has the right to agree to and fully perform consistent with these Terms & Conditions and no consent of any third parties is required to grant the rights hereunder. Participants agree to defend, indemnify and hold Sponsor and its successors, assigns and licensees, harmless from and against any third party claim relating to any breach of any representation, warranty or covenant made by such participant in connection with his/her participation in Promotion activities.
- TAMPERING WITH SWEEPSTAKES: Sponsor is not responsible for the actions of participants in connection with the Sweepstakes, including participants’ attempts to circumvent the Terms & Conditions or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or who Sponsor believes to be causing or attempting to cause malfunction, error, disruption or damage will be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future Sweepstakes. Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Terms & Conditions, or to be acting in an un-sportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person.
- RELEASES, WAIVERS AND DISCLAIMERS: By entering the Sweepstakes, participants agree to release, discharge, and hold harmless Sponsor, Administrator, Instagram, and each of their respective parents, subsidiaries, affiliates, licensors, licensees, agents, representatives, retailers, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the "Released Parties"), from any and all liability, claims, losses, injuries, demands, damages, actions, and/or causes of action, whether direct or indirect, which may be due to or arise out of or in connection with participation in the Sweepstakes and/or while preparing for or participating in any Sweepstakes-related activity (including, without limitation, liability for any property loss, damage, personal injury or death, violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property). Participants agree that the Released Parties shall have no responsibility or liability for human error; incorrect or inaccurate transcription of information; any technical malfunctions of the telephone network, computer equipment or systems, software, hardware, or Internet service provider utilized by Sponsor; interruption or inability to access the Sweepstakes website or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties.
Each participant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action, or proceeding against Released Parties and hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law relative to the Sweepstakes or any component thereof. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond their control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within their control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. Sponsor reserves the right to modify, suspend or terminate the Sweepstakes (including, without limitation, make changes to these Terms & Conditions) without notice, in its sole and absolute discretion, including, but not limited to, if in its sole and absolute discretion, it is determined that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or any Force Majeure event(s) has destroyed or severely undermined or impaired the integrity and/or feasibility of the Sweepstakes.
- GOVERNING LAW/LIMITATION OF LIABILITY: All federal, state and local laws and regulations apply. By participating, participants agree to be bound by the Terms & Conditions and the decisions of the Sponsor which are final and binding in all respects. The Sweepstakes will be construed and evaluated only according to United States law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions or the rights and obligations of participants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Nevada, without giving effect to any choice of law or conflict of law Terms & Conditions or provisions that would cause the application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
- NAME OF WINNER: To obtain the name of the winner, send a self-addressed, stamped envelope to:
SheFvckinBad, shefvckinbad.com, 328 L Street Sparks NV 89431
- MISCELLANEOUS: The invalidity or unenforceability of any provision of these Terms & Conditions or the Affidavit of Eligibility, Release, and Acceptance will not affect the validity or enforceability of any other provision. In the event that any provision of the Terms & Conditions or the Affidavit of Eligibility, Release, and Acceptance is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Terms & Conditions will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Terms & Conditions. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.