OTHER IMPORTANT TERMS:
14. References in these Terms to Winners being selected “at random” requires the Promoter (or their appointed representative) to utilise an online random number generator such as
RANDOM.ORG - True Random Number Service (or another truly random number generator).
15. Each Entrant may enter the Contest only once. Entries made through agents, third parties, organised groups or any other duplication method will not be accepted.
16. All Prizes are non-exchangeable, non-transferable, and not redeemable for a cash alternative or any other prize. The Promoter reserves the right to substitute the Prizes with an alternative prize or prizes of equal or greater monetary value if this is deemed necessary due to reasons beyond the Promoter’s control.
17. The Top Prize Winner will be notified that he/she has won the Top Prize no later than seven (7) days after the Closing Time by e-mail. Such notification will contain details on how the Top Prize will be paid. All reasonable endeavours will be made to contact the Top Prize Winner during this time. If the Top Prize Winner cannot be contacted before this time on the email address supplied by the Top Prize Winner with their entry, or does not respond within three (3) business days (or such other time period required by law), the Promoter reserves the right to select another Entrant at random from the remaining pool of eligible Top Prize Entrants.
18. If any Winner chooses not to or is not able, for any reason, to accept the Prize, the Promoter reserves the right to award the Prize to an alternative Entrant who shall be selected at random from the remaining pool of eligible Top Prize Entrants.
19. The odds of winning depend on the total number of eligible entries received to the Contest. Previous contests of this sort held by Promoter had a chance of winning of 30% (but such chance of winning cannot be guaranteed in this Contest). Promoter shall make available on request within twelve (12) months following the Closing Date, the name and town of residence of the Top Prize Winner, and the names of all Instant Prize Winners and will keep a record of all Winners’ names for at least the time period required by law.
20. The Promoter does not accept responsibility for network, computer, hardware or software failures of any kind, which may restrict or delay the sending or receipt of an Entrant’s entry. Entries must not be submitted through agents or third parties.
21. The Promoter’s decisions shall be final and binding in all respects on all Entrants and the Promoter reserves the right not to enter into any correspondence with Entrants. Entries that do not comply in full with these terms and conditions will be disqualified.
22.By entering the Contest, Entrants consent to the Promoter publishing their name and town of residence on the Promoter’s social channels and/or website (and other such locations as may be required by law) in the event that they are a Top Prize Winner.
23. If the Promoter has grounds to suspect any Entrant or third party of cheating, deception, fraudulent, vulgar or offensive conduct of any kind (including, without limitation, using multiple accounts, manipulating the Contest, choice of Winner or any entry, or using offensive language when entering the Contest) the Promoter reserves the right (in its sole discretion) to disqualify any Entrant, entry or person it reasonably believes to be responsible for, or associated with, such activity. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
24. If the Contest is interfered with in any way, or is not capable of being conducted as reasonably anticipated due to a reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to disqualify any Entrant, or to modify, suspend, terminate or cancel the Contest.
25. Any information, including any personal data, provided by an Entrant upon submitting an entry (or otherwise provided in entering the Contest) will be held and used by Promoter, the companies belonging to its group, its suppliers and/or contractors necessary to administer the Contest, and otherwise in accordance with the Promoter’s privacy policy:
Hask (the "Privacy Policy").
26. By entering the Contest all participants will be deemed to have accepted and be bound by these Terms and Conditions and consent to the transfer of their personal data to the Promoter for the purposes of the administration of the Contest and otherwise in accordance with the Privacy Policy.
27. By entering this Contest, to the fullest extent permitted by law, the Entrant forever releases and discharges, and agrees to hold harmless, Promoter (and its parent company, subsidiaries, affiliates, successors, assigns, officers and employees) from any and all claims, causes of action, liabilities and damages: (a) for personal injuries, death, damage, loss, liability, or injury, and/or other harm or loss of any nature whatsoever sustained by anyone or anything in connection with the Entrant’s entry and participation in the Contest (save for personal injury or death caused by the Promoter’s negligence); and/or (b) for libel, defamation, invasion of privacy, violation of the right of publicity, infringement of copyright, or violation of any other personal or property right based upon, arising out of, or relating to the Entrant’s entry.
28. This Contest, and any dispute or claim arising out of or in connection with it, including contractual and non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of New York and the parties hereto irrevocably submit to the venue and exclusive personal jurisdiction of the courts in the federal and state courts in New York, USA.
29. ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN AN ENTRANT AND THE PROMOTER (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL BASIS) WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND IN ENTERING THE CONTEST ALL ENTRANTS WAIVE THEIR RIGHT TO A TRIAL BY A JURY.
30. You further agree that any arbitration under this agreement will take place on an individual basis; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND IN ENTERING THE CONTEST, ENTRANTS AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
31. Nothing in these Terms and Conditions is intended to, or shall be deemed to i) establish any partnership, joint venture or employee/employer relationship between an Entrant and the Promoter; ii) consent to an Entrant acting as the agent of the Promoter; nor iii) authorize an Entrant to make or enter into any commitment(s) for or on behalf of the Promoter.
32. Winners are responsible for paying any taxes associated with winning a Prize. IN ORDER TO COMPLY WITH IRS REPORTING, THE TOP PRIZE WINNER WILL BE REQUIRED TO PROVIDE THE PROMOTER WITH THEIR SOCIAL SECURITY NUMBER SO THAT THE PROMOTER CAN SEND THE NECESSARY PAPERWORK (INCLUDING FORM 1099) TO THE INTERNAL REVENUE SERVICE.
33. The Promoter is: Inspired Beauty Brands, Inc, 330 Seventh Avenue, New York, NY 10001 t/a Hask.
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