The Cold Plasma Plus+ Anniversary Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE (AS DEFINED BELOW). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
POTENTIAL PRIZE WINNERS WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (AS DEFINED BELOW) WITHIN SEVEN (7) DAYS OF BEING CONTACTED OR THE PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION).
Entrants must enter the Sweepstakes by: (a) first, visiting Sponsor’s Instagram® page located at www.instagram.com/perriconemd/; (b) then, if the applicable entrant has not already done so, following Sponsor’s Instagram® handle, @perriconemd; and and (c) lastly, tagging a friend in the comments. Multiple friends may be tagged for extra entries, but only one per comment. In order to be eligible for a Prize, applicant and friend tagged must both be following @perriconemd. You may only submit one (1) entry during the Sweepstakes Period. Any entries submitted by the same person in excess of the aforementioned limit will be discarded. Sponsor reserves the right to reject any entry that it believes, in its sole discretion, is fraudulent, incomplete, illegible, damaged, invalid or otherwise fail to comply with any terms or conditions of these Rules. By entering the Promotion, you agree to the Promotion winner selection and decisions of Sponsor, which are final and binding in all respects.
SPONSOR IS NOT RESPONSIBLE FOR ANY ENTRIES OR ATTEMPTED REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO SUBMIT VALID REGISTRATION DATA DURING THE SWEEPSTAKES PERIOD FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, WHERE YOU CANNOT ACCESS SPONSOR’S INSTAGRAM PAGE® AND/OR SWEEPSTAKES REGISTRATION PAGE, YOU WILL NOT QUALIFY FOR A PRIZE.
Each entry will be collected and stored in the Sweepstakes Database. For purposes of these Rules, the “Sweepstakes Database” is defined as the entire list of entries, identified by the Instagram® handle of each entrant, collected during the Sweepstakes Period. Sponsor will stop accepting entries at 12:00 p.m. PST on November 11th , 2018.
Within three (3) business days of the conclusion of the Sweepstakes Period, Sponsor will randomly select give five (5) potential Prize-winning entries from the Sweepstakes Database. Each potential Prize winner will be notified via Instagram® Direct Messaging within fifteen (15) days after the potential winning entry is selected. Entrants should ensure that their Instagram® handle is active and their Instagram® account is in good standing. Potential Prize winners are subject to eligibility verification. Potential Prize winners will be required to execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”), and return such Affidavit within fifteen (15) days following attempted notification. Upon satisfactory eligibility verification, and return of the Affidavit as required herein, potential Prize winners shall be considered Prize winners.
Non-compliance within this time period may result in forfeiture of the Prize. In addition, potential Prize winners will be required to provide picture proof of identification, which may include a driver's license, passport, voting card or similar government issued identification, and proof that they are the entrant that submitted the applicable winning entry. The return of a Prize/Prize notification as undeliverable may result in forfeiture of the underlying Prize. In no case shall Sponsor be liable in any manner where a potential Prize winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from a potential Prize winner within the required response period. The potential Prize-winning entries, as well as the associated information of the potential Prize winners, must identically match the records maintained by Sponsor in order for a Prize to be awarded. In the event of a dispute, the information maintained by Sponsor will govern. Entries will be deemed made by the person under whose Instagram® handle the entry was registered, regardless of who actually submitted the entry. Be sure to use your correct name and your own Instagram® handle. See below for a detailed Prize description.
Each Prize winner shall receive one (1) Cold Plasma Plus+ Neck, Face & Eye Kit. o The approximate retail value (“ARV”) is Two Hundred Forty dollars ($240.00). The Prizes are provided on an “as is” basis, with no warranty or guarantee, either express or implied, by Sponsor. Winners may not substitute, assign or transfer Prizes or redeem Prizes for cash, but Sponsor reserves the right, at its sole discretion, to substitute a Prize (or any portion thereof) with one of comparable or greater value. Prize winners will not receive the difference between the actual Prize value and the applicable ARV, if any. The specifics of all aforementioned elements of the Prizes shall be determined by Sponsor in its sole and exclusive discretion. Some restrictions may apply. Sponsor reserves the right not to award all Prizes or to choose fewer than five (5) Prize winners if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
The odds of winning a Prize will vary according the number of eligible entrants received by Sponsor during each Daily Period.
Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the applicable Prize winner. Sponsor reserves the right to withhold taxes from any winning Prize, as appropriate.
EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY SPONSOR, INSTAGRAM, INC., THEIR RESPECTIVE corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion and public relations agencies and theIR respective officers, directors, MEMBERS, MANAGERS, employees, representatives and agenTs (collectively “RELEASED PARTIES”) FROM/FOR ANY liability whatsoever for injuries or damages of any kind sustained in connection with the acceptance, possession, USE, MISUSE or awarding of ANY prize including, without limitation, any injury, damage, death, loss OR accident to person or property. EACH PRIZE WINNER AGREES THAT THe PRIZE IS PROVIDED AS-IS WITHOUT ANY warranty, representation or guarantee, express or implied, in fact or in law, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, relative to the use or enjoyment of the prize including, without limitation, ITS quality, merchantability or fitness for a particular purpose. Further, THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY for any additional expenses, omissions, delays or re-routing resulting from any acts of any government or authority.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HER/HIM. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant or by human error: (a) entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of the stated limit; (b) any lost, late, incomplete, illegible, mutilated or misdirected entries, e-mail, mail or Sweepstakes-related correspondence or materials or postage-due mail; (c) any error, omission, interruption, defect or delay in transmission or communication; (d) viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; (e) errors, typos or misprints in these Rules, in any Sweepstakes-related advertisements or other materials; (f) failures of electronic equipment, computer hardware or software; (g) lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind associated with entrant’s Instagram® handle or other means of communication, including insufficient space in entrant’s e-mail account to receive e-mail messages. The Released Parties are not responsible, and may disqualify an entrant, if her/his e-mail address, telephone or other contact information does not work or is changed without entrant giving prior written notice to Sponsor. Without limiting any other provision in these Rules, the Released Parties are not responsible or liable to any entrant or winner, or any person claiming through such entrant or winner for failure to supply the Prize or any part thereof in the event that any of the Sweepstakes activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
You agree to indemnify and hold the Released Parties harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your unauthorized and/or improper use of the Sweepstakes, Prizes, Site and/or Instagram® website/platform; (b) your breach of these Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Released Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
By entering the Sweepstakes (except for residents of Tennessee and where otherwise prohibited by law), each entrant grants the Release Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display her/his name, photograph, likeness, voice, Prize information, biographical information, any quotes attributable to her/him and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to the Sweepstakes, including interpretation of these Rules and awarding of the Prizes. All participants, as a condition of entry, agree to be bound by these Rules and the decisions of Sponsor. Failure to comply with these Rules may result in disqualification from the Sweepstakes. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of the Sweepstakes. Sponsor’s failure to, or decision not to, enforce any provision in these Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Rules (including any alleged discrepancy or inconsistency in these Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes or these Rules. If Sponsor determines at any time, in its sole discretion, that a Prize winner or potential winner is disqualified, ineligible, in violation of these Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the Prizes from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Rules in an attempt to obtain any Prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE, INCLUDING THE SITE AND/OR INSTAGRAM® WEBSITE/PLATFORM, OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Any disputes arising out of or related to the Sweepstakes shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Should a dispute arise concerning the Sweepstakes, the terms and conditions of these Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in accordance with the then current Commercial Arbitration Rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you must submit your dispute for resolution by arbitration before the AAA as set forth above, or a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which can be found on the AAA website located at: www.adr.org. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Sponsor and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Sponsor incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you submit your first entry.
For a list of Prize winners and/or a copy of these Rules, please send a self-addressed stamped envelope to the following address within three (3) months of the end of the Sweepstakes Period: Perricone MD, c/o eCommerce Department, 600 Montgomery Street, Suite 2500, San Francisco, CA 94111.