OFFICIAL RULES – SISTER’S promotion 2018
- HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Sister’s Promotion 2018 (the “Promotion”). A purchase will not increase your chance of winning the Promotion. The Promotion begins 12:00 pm PST on December 4, 2018 and ends 12:00 pm PST on December 6, 2018; the Promotion begins again 12:00 pm PST on December 11, 2018 and ends 12:00 pm PST on December 13, 2018; the Promotion begins again 12:00 pm PST on December 18, 2018 and ends 12:00 pm PST on December 20, 2018; the Promotion begins again 12:00 pm PST on December 25, 2018 and ends 12:00 pm PST on December 27, 2018 (each, and collectively, the “Promotion Period”). During the Promotion Period, you may enter the Promotion by following @JamesCharles on Instagram, Twitter and YouTube, leaving a thumbs up on the YouTube video along with a comment on the YouTube video that includes #SistersPromo2018. Make sure your settings are public so we can find your post 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 or around 12:00 pm PST on the day following the end of the applicable Promotion Period from all 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. 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.
- ELIGIBILITY: From the official time and date of the start of the Promotion Period through the final date of prize fulfillment, you must be a lawful permanent U.S. citizen and resident currently residing in the 48 contiguous United States or the District of Columbia. You must also be 18 years of age or older as of the official time and date of the start of the Promotion Period. You must have a public Instagram account and follow @JamesCharles. The Promotion is void in Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands, U.S. Military installations in foreign countries, and all other U.S. territories and possessions where restricted or prohibited by law. The Promotion, and any website pages and advertisements relating thereto, is intended for viewing only within the United States. This Promotion shall be governed by laws of the United States. 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 (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Promotion.
- SELECTING THE WINNER AND NOTIFICATION: The potential prize winner will be selected by at random drawing after searching the #SistersPromo2018 and compiling all eligible entrants (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, following James Charles and including the promotional hashtag. Failure of Potential Prize Winner to respond to such notification within 48 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 48 hours to respond. James Charles reserves the right to modify the notification procedures in connection with the selection of any Alternate Potential Winner, if any. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AS FULLY STATED HEREIN, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (“Winner”).
4.1 Winner will receive a 2018 MacBook Air, Sister’s Collection Palette + Brush Set by Morphe, and the artistry hoodie by Sister’s Apparel (each and collectively a “Prize”). Winner is responsible for all other costs and expenses associated with the Prize unless otherwise expressly provided for herein. Additional restrictions may apply.
4.2 Total Approximate Retail Value ("ARV") of the Prize: $1,432.00 USD
4.3 James Charles is not responsible if the Prize is changed for any reason and Winner will not be reimbursed for the ARV of Prize. Prize is non-transferable and no substitution will be made except as provided herein and at James Charles’s sole discretion. James Charles reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.
4.4 Limit one (1) Prize per person/household. Actual value of Prize may vary and any difference between actual value and ARV will not be awarded. Any costs associated with Prize receipt and/or use that are not expressly stated above are not included in the Prize package and are the sole responsibility of the Winner. Such costs may include, without limitation, any incidentals, tips, telephone calls or other personal costs and expenses not specified herein but in relation to the use or acceptance of the Prize, any and all of which are the sole responsibility of the Winner unless expressly provided for herein.
- TAXES: Any applicable federal, state and local taxes and liabilities arising from this Promotion, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Prize Winner. Winner shall provide, upon James Charles’s request, all available information that James Charles may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Winner acknowledges that James Charles will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.
- PRIZE ELIGIBILITY: Except where prohibited, Potential Prize Winner will be required to execute any and all documents provided by and determined by James Charles’ sole discretion, including without limitation, an affidavit of eligibility, a liability release and a publicity release, and a tax acceptance formSuch documents must be signed and returned by the date and/or time indicated within such documents. If Potential Prize Winner fails to sign and return such documents within that time, or if an Entrant is found to be ineligible, or if an Entrant does not comply with the Official Rules, then Potential Prize Winner will be disqualified and an Alternate Potential Winner maybe selected. Entrant waives the right to assert as a cost of winning the Prize any and all costs of verification and redemption or travel to redeem said Prize and any liability which might arise from redeeming or seeking to redeem said Prize. James Charles is not responsible for fraudulent calls or emails made to Entrants not from James Charles. Except where prohibited by law, Entrant’s entry and 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. All entries are subject to verification prior to awarding of Prize. Eligibility, age and claims made by a Potential Prize Winner and Guest are also subject to verification prior to awarding of the Prize.
- PROMOTION CONDITIONS - VOID WHERE PROHIBITED: 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 Entrants publicity rights were infringed upon. Winner and Entrants also agree to release, discharge, indemnify and hold harmless the Promotion Entities, Instagram, Twitter and YouTube and each of their respective officers, directors, employees, representatives and agents 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; of any acceptance, possession, ownership, misuse of any Prize; or participation in any distribution; or in production errors. James Charles may rescind any Promotion found to contain such errors without liability at its sole discretion. 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 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 Prize 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:
- CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
- RESTRICTIONS - VOID WHERE PROHIBITED: James Charles may at James Charles’s sole and absolute discretion: (i) provide different prizes of different or greater value; James Charles shall not be liable to any Entrant, Winner or any person claiming through such Entrant, Winner for failure to supply the Prize or any part thereof, reason of any acts of God, any action(s) regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s) regulation(s), order(s) or request(s) prove(s) 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 other cause beyond James Charles’s sole control. James Charles’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- LIMITATION OF LIABILITY: Promotion Entities 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’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s 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 Promotion and 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 Promotion you are giving your permission to receive emails from James Charles. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE \ LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, JAMES CHARLES RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
- 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.
- 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. 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.
- This Promotion is in no way sponsored, endorsed or administered by or otherwise associated with, Apple, Instagram, Twitter or YouTube.
- RULES/WINNERS LIST: For the name of the Prize Winner please watch the YouTube video on the date it’s announced pursuant to the schedule set forth above or send an email to email@example.com. In the subject of the email, type “Sister’s Promotion Winner 2018.”