Giveaway Rules & Conditions

 

OFFICIAL CONTEST RULES 20 MILLION SUBSCRIBER GIVEAWAY

 

1.HOW TO ENTER:  No purchase or payment of any kind is necessary to enter or win this 20 Million Subscriber Giveaway (the “Promotion”). Any purchase or payment will not increase your chance of winning the Promotion. The Promotion begins on 12:00 pm PST on August 28, 2020 and ends at 12:00 pm PST on September 1, 2020 (the “Promotion Period”). Throughout the Promotion Period, you may enter the Promotion by liking the “House Tour” YouTube video posted on August 28, 2020 here
(the “Video”), and leaving a comment on the Video explaining how you plan to use $20,000 to further a personal or business goal. Please include your name, Instagram social media handle, and age in your comment. Make sure your settings are public so we can find your comment and confirm you’ve properly entered during the Promotion Period. Online entry is the only method of entry. All referenced links throughout the Official Rules are embedded directly in the accompanying text.

 

Entries must comply with YouTube’s Community Guidelines (available here) and Terms of Services (available here) (collectively the “YouTube Terms”). Entries that don’t comply with the YouTube Terms, or are incomplete, false or deceptive are void. Entries must be in English and shall not contain any elements that violate a third party’s copyrights, trademark rights, or personal, privacy, or other rights of any kind. Without limitation, entries should not depict, tag, or reference any individuals that have not granted permission to be featured and be bound by these Official Contest Rules. Entries must not contain any material that James Charles, deems inappropriate for public dissemination. Unless James Charles provides an updated date, Winner will be picked and announced on September 4, 2020 from all qualifying entries received during the corresponding Promotion Period. Sister Sister LLC’s(“James Charles”) computer will serve as the official time keeping device for this Promotion.

2.ELIGIBILITY: In order to enter and/or nominate someone, you must be a legal resident of the United States of America and the District of Columbia (excluding Arizona), and the age of majority in such state as of August 28, 2020 and subscribe to/follow James Charles on YouTube, Instagram, Twitter, and TikTok. Employees of James Charles and their advertising and Promotion agencies, and any other entities participating in the design, marketing, administration or fulfillment of this Promotion, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, the “Promotion Entities”), andeach of their immediate families and members of their households are ineligible to participate in this Promotion. You must have a public Instagram account. Void where prohibited.

 

3.SELECTING THE WINNER AND NOTIFICATION; GENERAL CONDITIONS: James Charles will review all eligible entries after the close of the Promotion Period and select 5 winners based on the most creative and innovative uses of money in response to the prompt in section 1 (each an “Entrant” and collectively the “Entrants”). James Charles, whose decision is final and binding in all respects, will contact the selected Entrant through direct messenger on the provided social media handle included in the entry (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize (defined below) depend on the number of eligible entries received from Entrants during the Promotion Period. Failure of Potential Prize Winner to respond to such notification within 24 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (Alternative Potential Winner”).  Alternate Potential Winner shall be contacted via DM as soon as practicable and shall also have 24 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED (WHICH MAY REQUIRE ENTRANT’S EXECUTION AND RETURN OF AN AFFIDAVIT OF ELIGIBILITY, A LIABILITY RELEASE, AND/OR A PUBLICITY RELEASE CONSISTENT WITH THE TERMS HEREIN AND AS DETERMINED IN JAMES CHARLES’ SOLE DISCRETION), AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (“Winner”). By entering this Promotion, Entrant accepts and agrees to these Official Contest Rules and the decisions of James Charles, which shall be final in all matters. Except where prohibited by law, by entering into this Promotion and/or accepting the Prize, each Winner hereby irrevocably grants to James Charles and the Promotion Entities, and their licensees, affiliates, and assigns, the worldwide, royalty free right and license to use the Winner’sname, photograph, likeness, statements, biographical information, voice, for promotional or advertising purposes in connection with this Promotion on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration. Without limiting the foregoing, Winner further agrees, without such additional compensation, to appear for, or provide biographical information or updates regarding his/her use of the Prize in any presentation or activity by James Charles related to the Promotion, which may include filming or appearing in a James Charles social media post(s) or YouTube video, as may be determined from time to time by James Charles.

 

4.PRIZES AND TAXES: Each of the 5 Winners will receive $20,000 USD (each a “Prize”). Total Prize approximate retail value for the Promotion is $100,000 USD. Winner is solely responsible for any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per family or household per Promotion Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

 

Winner shall provide, upon James Charles’s request, all available information that James Charles may reasonably require to fulfill itsobligations under any national, state, provincial, or local tax statute, regulation, or rule, including but not limited to a valid w9. Winner acknowledges that James Charles will rely upon such information to prepare all relevant tax materials, if any.

 

5.RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of James Charles and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrantspublicity or similar rights were infringed upon. Entrants and Winnersalso agree to release, discharge, indemnify and hold harmless James Charles, the Promotion Entities, YouTube, Instagram, Twitter, TikTok, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. James Charlesmay rescind any Promotion found to contain such errors without liability at its sole discretion.

 

JAMES CHARLES AND THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

 

Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived.  Said section reads as follows:

 

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

 

6.LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Promotion or receipt or use of any Prize. If for any reason an Entrant’sentry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrants sole remedy is another entry in the Promotion. If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of James Charles which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then James Charles reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotionand to select potential winners from among all eligible entries received by James Charles up until the time of such cancellation, termination, modification or suspension,  as applicable. By entering this Promotionyou are giving your permission to receive emails from James Charles

 

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

 

7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

 

8.APPLICABLE LAWS AND JURISDICTION.  This Promotion is subject to all applicable federal, state, and local laws and regulations.  Issues concerning the construction, validity, interpretation and enforceability of these Official Contest Rules for this Promotionshall be governed by the laws of the State of California, without regard to any principles of conflict of laws.  All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA.  Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.  

 

9.PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS PROMOTION, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO JAMES CHARLES’S PRIVACY POLICY AVAILABLE HERE, IF ANY; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO JAMES CHARLES’S PRIVACY POLICY AND TERMS OF USE. EACH ENTRANT 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 REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNERS LIST.

 

10.NO ASSOCIATION: This Promotion is in no way sponsored, endorsed or administered by or otherwise associated with, the Released Parties.

 

11.RULES/WINNERS LIST: For the name of the Prize Winnersplease watch the YouTube Video on the date it’s announced pursuant to the schedule set forth above or send an email to competitions@sisters-apparel.com. In the subject of the email, type 20 Million Subscriber Giveaway 2020 WINNERS. No correspondence will be entered into except as noted above.

 

 

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OFFICIAL RULES INSTAGRAM COMMENT PROMOTION 2020

 

1.HOW TO ENTER:  No purchase or payment of any kind is necessary to enter or win this Instagram Comment Promotion 2020 (the “Promotion”). Any purchase or payment will not increase your chance of winning the Promotion. The Promotion begins on July 4, 2020 and continues until further notice. Throughout this period, you may enter the Promotion by double tapping/liking and adding a comment featuring the secret emoji to the static, in-feed Instagram post on @jamescharles (each a “Post”) within 24 hours of the Post (each and collectively, a “Promotion Period”). The secret emoji will change and be announced by Instagram Story promptly after each Post. Make sure your settings are public so we can find your comment and confirm you’ve properly entered during the relevant Promotion Period. Online entry is the only method of entry.

 

Incomplete, false or deceptive entries are void. Winner will be picked and announced on the next day following the end of the applicable Promotion Period from all entries received during the correspondingPromotion Period. Sister Sister LLC’s (“James Charles”) computer will serve as the official time keeping device for this Promotion. All entries submitted may be re-posted by James Charles on any James Charles owned and operated websites, blogs and social media channels and will not be acknowledged except the Winner as defined and as set forth below.

2.ELIGIBILITY: The Promotion is open to residents of the 50 United States and the District of Columbia, 18 years old as of July 4, 2020. Employees of James Charles and their advertising and Promotion agencies, and any other entities participating in the design, Promotion, marketing, administration or fulfillment of this Promotion, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, “Promotion Entities”), and each of their immediate families and members of their households are ineligible to participate in this Promotion. You must have a public Instagram account. Void where prohibited.

 

3.SELECTING THE WINNER AND NOTIFICATION: The potential prize winner will be selected by at random drawing after compiling all eligible entrants for each Promotion Period (each an “Entrant” and collectively the “Entrants”). James Charles, whose decision is final and binding in all respects, will contact the selected Entrant through Instagram on direct messenger (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize (defined below) depend on the number of eligible entries received from Entrants during the applicable Promotion Period. Failure of Potential Prize Winner to respond to such notification within 24 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (Alternative Potential Winner”).  Alternate Potential Winner shall be contacted via DM as soon as practicable and shall also have 24 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, ANDENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE(“Winner”). By entering this Promotion, Entrant accepts and agrees to these Official Rules and the decisions of James Charles, which shall be final in all matters. Except where prohibited by law, Entrant’s entry and/or acceptance of the Prize constitutes permission for the Promotion Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address for promotional or advertising purposes in connection with this Promotion on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration.

 

4.PRIZES AND TAXES: The Winner for each Promotion Period will receive $500 USD (each and collectively a “Prize”). Winner issolely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per family or household per Promotion Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

 

Winner shall provide, upon James Charles’s request, all available information that James Charles may reasonably require to fulfill itsobligations under any national, state, provincial, or local tax statute, regulation, or rule, including but not limited to a valid W-9. Winner acknowledges that James Charles will rely upon such information to prepare all relevant tax materials, if any.

 

5.RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of James Charles and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrantspublicity or similar rights were infringed upon. Entrants and Winnersalso agree to release, discharge, indemnify and hold harmless James Charles, the Promotion Entities, Instagram, Twitter and PayPal, Inc. and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. James Charles may rescind any Promotion found to contain such errors without liability at its sole discretion.

 

JAMES CHARLES AND THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

 

Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived.  Said section reads as follows:

 

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

 

6.LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Promotion or receipt or use of any Prize. If for any reason an Entrant’sentry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrants sole remedy is another entry in the Promotion. If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of James Charles which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then James Charles reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotionand to select potential winners from among all eligible entries received by James Charles up until the time of such cancellation, termination, modification or suspension,  as applicable. By entering this Promotionyou are giving your permission to receive emails from James Charles

 

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

 

7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

 

8.APPLICABLE LAWS AND JURISDICTION.  This Promotion is subject to all applicable federal, state, and local laws and regulations.  Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of California, without regard to any principles of conflict of laws.  All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA.  Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.  

 

9.PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS PROMOTION, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO JAMES CHARLES’S PRIVACY POLICY AVAILABLE HERE, IF ANY; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO JAMES CHARLES’S PRIVACY POLICY AND TERMS OF USE. EACH ENTRANT 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 REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNERS LIST.

 

10.NO ASSOCIATION: This Promotion is in no way sponsored, endorsed or administered by or otherwise associated with, Instagram, Twitter, PayPal, or Venmo.

 

11.RULES/WINNERS LIST: For the name of the Prize Winner please watch the Instagram Story on the date it’s announced pursuant to the schedule set forth above or send an email to competitions@sisters-apparel.com In the subject of the email, type Instagram Comment Promotion 2020.