THE ‘ARF x Item Beauty’ GIVEAWAY Legal T&C’s OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
These rules (“Official Rules”) are the complete, official rules for AR Fragrances, LLC. ARF x Item Beauty Giveaway (the “Giveaway”). The Giveaway is sponsored and hosted by AR Fragrances, LLC, located at 99 WASHINGTON AVE., SUITE 805A, ALBANY, NY, 12210 (“AR Fragrances, LLC.” or “Sponsor”).
The Giveaway period (“Giveaway Period”) shall begin on November 15th, 2022 at 00:00:00 AM PT and shall continue to run till 15th November, 2022 11:59:00 PM PT. The winner will then be contacted directly via Instagram on 18th November. Any entries received after cessation of the Giveaway will not be considered valid entries. Note: Sponsor’s computer is the official timekeeping device for this Giveaway.
The Giveaway is open only to citizens or legal permanent residents of the fifty (50) United States or District of Columbia, and who are 18 years of age or older and who are not: (i) employees of AR Fragrances, LLC, and any of their affiliate companies or subsidiaries (ii) family members (spouse, parents, siblings and children) of any individual referred to in clause (i); and (iii) persons living in the same household (whether or not related) with any person referred to in clause (i) or (ii) above (a “Participant,” “you” or “entry”). This Giveaway is subject to all federal, state, and local laws and regulations and, is void outside the United States and where prohibited by law AR Fragrances, LLC is the sole judge of eligibility and may determine that an entry or Participant is ineligible to participate in the Giveaway for a variety of reasons not described here but at the sole discretion of AR Fragrances, LLC.
AGREEMENT TO OFFICIAL RULES
By participating in the Giveaway, each Participant hereby fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding.
HOW TO ENTER
Participants may enter the Giveaway during the Giveaway Period by; - Liking the post - Tagging friends, relatives or family in the comment section - Follow @addisonraefragrance and @itembeauty accounts on Instagram - Share the post on Instagram stories No purchase is necessary to enter, and a purchase will not increase your odds of winning. One entry per eligible Participant per Giveaway in the Giveaway Period. Entries that do not meet the requirements set forth in these Official Rules will be void and ineligible for a prize.
PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”)
Set out below are the prizes for the Giveaway: - 20 Item Beauty products - 3 ARF fragrances The prize is nontransferable and nonrefundable and must be accepted as awarded. No cash or other substitution may be made. Winner will be responsible for all applicable federal and local taxes on the receipt and use of the prize and all other costs and expenses not specifically mentioned herein.
SELECTION OF POTENTIAL WINNERS
The Giveaway winner will be selected by random drawing, the drawings will be made on a strictly random basis. The winner will be contacted via Direct Message on the Instagram app. Odds of winning prizes depend on the number of eligible entries received. All entries are subject to verification of eligibility by the Sponsor. All decisions regarding prize awards will be made by Sponsor and are final and binding. In the event of noncompliance with these Official Rules and Regulations, or if the prize is unclaimed or returned as undeliverable, the prize will be forfeited and may be awarded to an alternate winner drawn from remaining eligible entries. Sponsor shall not be responsible for lost, late, misdirected, damaged, illegible, incomplete, garbled, or incorrect entries. Entries become the property of Sponsor and will not be returned. Participation constitutes acceptance of these Official Rules in their entirety. Participant warrants that he/she is eligible to participate in the Giveaway and agrees to indemnify and hold harmless Sponsor from any loss, damage or expense arising out of or in connection with participation in this Giveaway or the acceptance, use or misuse of any prize.
WINNERS' OBLIGATIONS (DELIVERY & DOCUMENTATION)
Before being declared a “Winner” the selected Participant will be contacted by direct message on the Instagram app and notified that they are eligible to win. The selected participant must reply within three (3) business days of notification and provide the Sponsor with a contact telephone number, email address, and shipping address. If the selected Participant : (i) cannot be contacted by telephone or email within three (3) business days of selection or there is a return of any prior notification as undeliverable; or (ii) fails to confirm their eligibility and acceptance of the prize within the specified time, then he/she will be disqualified and will forfeit the prize, and the Sponsor reserves the right to select an alternate Participant from among the remaining eligible entries. A Participant may decline to be a Winner by notifying Sponsor within one business day following notification, in which case the declining Participant forgoes any prize or other features associated with winning the Giveaway. Sponsor reserves the right to disqualify a Participant if Sponsor deems disqualification appropriate. A list of Giveaway Winners will be available upon request. By accepting your prize, you agree to have your name provided as a Giveaway Winner upon request by any Giveaway participant or other third party.
After verification of eligibility, the Winner will receive the prize through U.S. Mail. Allow 30 days from final confirmation for prize delivery. Prize Winner is responsible for any taxes, fees or other liability resulting from their receipt of a prize regardless of the value of the prize. By accepting a Prize, the Winner represents that he/she has complied with these Official Rules. Entry and acceptance of prize offered constitutes permission for Sponsor to use the winner’s Entry, name, city, state of residence, likeness and/or photograph and statements for advertising/trade and all other purposes, in any and all media, and all media now or hereafter known worldwide in perpetuity, including the Internet and social networking sites, without further compensation, notification or permission, unless prohibited by law.
WARRANTIES AND OBLIGATIONS PARTICIPANT WARRANTIES AND OBLIGATIONS
By submitting an entry to the Giveaway, you agree that you have full right and authority to enter and participate in the Giveaway. You are solely responsible for your entry. All entry information is deemed collected in the United States. You are responsible for checking applicable laws and regulations in your jurisdiction before participating in the Giveaway to ensure your participation in the Giveaway is legal. You are responsible for all taxes and reporting related to any award that you may receive as part of the Giveaway. Each Participant is solely responsible for all costs it incurs to participate in the Giveaway. By submitting an entry, you represent and warrant that you have the right and authority to make the entry on your own behalf and that your entry: (i) does not contain confidential information; (ii) does not violate the rights of privacy of any person or entity; and (iii) does not and will not violate any applicable law, statute, ordinance, rule or regulation. A breach of any of these warranties will result in the corresponding entry being invalid as well as other legal obligations.
LIMITATION OF LIABILITY
By participating in the Giveaway, each Participant agrees to release, indemnify and hold harmless AR Fragrances, LLC, their respective affiliates, subsidiaries, advertising and promotions agencies, including Hampton Beauty Associates, Inc. as applicable, and each of their respective agents, representatives, officers, directors, shareholders, and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising out of your participation in or association with the Giveaway or your use of the prize. Giveaway Sponsor is not responsible for any miscommunications such as technical failures related to computer, telephone, cable, and unavailable network or server connections, related technical failures, or other failures related to hardware, software or virus, or incomplete, late, lost, stolen, damaged, garbled, incomplete, inaccurate or misdirected entries. Giveaway Sponsor reserves the right to cancel, modify or suspend the Giveaway should any computer virus, bug or other technical difficulty or other causes beyond the control of Giveaway Sponsor corrupt the administration, security or proper play of the Giveaway, and to determine winners from among entries not affected by the corruption, if any, in its sole discretion. AR Fragrances, LLC is not responsible for electronic communications or emails which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in any email account to receive email messages. Giveaway Sponsor disclaims any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, the Giveaway.
RESERVATION OF RIGHTS
Giveaway Sponsor reserves the right to modify the dates and deadlines, and the right to modify, add or remove additional Giveaway deadlines for any reason. Sponsor may cancel the Giveaway entirely, not award the prize or select an alternate prize if awarding the Giveaway Prize as originally described or on the original time frame becomes commercially unreasonable arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, pandemics, government orders related to a pandemic, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services. Any changes will be communicated via email or on the Site.
The invalidity or un-enforceability of any provision of these Giveaway Rules shall 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 Giveaway Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.
GOVERNING LAW AND VENUE
Participant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually without resort to any form of class action, and exclusively by the appropriate courts located in the state of Washington; and (b) any and all claims, judgments, and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering the Giveaway, but in no event, attorneys’ fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with this Giveaway, shall be governed by and construed in accordance with, the laws of the state of Washington, without giving effect to any choice of law or conflict of law rules.
EFFECTIVE AND AMENDMENT DATE
Giveaway Rules page was last amended on 9th November 2022