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OFFICIAL RULES FOR THE HAPPY WAX “#HappyWaxFeels” CONTEST
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
Promotion Description
PROMOTION DESCRIPTION: The “#HappyWaxFeels” Contest (the “Contest”) begins on or about October 17th 2019 at 8:00 a.m. Eastern Standard Time (“EST”) and ends on November 17 2019 at 8:00 a.m. EST (the “Promotion Period”). During the Promotion Period, entrants will have the opportunity to submit a themed photo or image using their Instagram account (each, a “Submission”) and to submit the photo or image for consideration as more fully set forth below. At the end of the Promotion Period, Happy Wax shall select one (1) winner of a Grand Prize from among all eligible Submission received during the Promotion Period, as set forth more fully below. Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Happy Wax which shall be final and binding in all respects. This Contest is in no way sponsored, endorsed, or administered by, or in association with Instagram, or Facebook.
How to Enter
Post your submission on Instagram using the #HappyWaxFeels (the “Hashtag”). Your submission should depict how Happy Wax fragrances inspire your mood. You must have a public Instagram account, you must include #HappyWaxFeels in the description. You must own the rights to your image, and the photo must be original content. Any photo meeting these requirements may be eligible for the Contest. Once you upload your Submission using the Hashtag, you will be entered into the Contest. By using the hashtag in connection with your post, you are acknowledging and agreeing that sponsor has the right to stream your post through the Instagram, use your post on HappyWax.com, and use your post for future Happy Wax marketing materials.
Submission Requirements
In addition, the Submission must meet the following “Submission Requirements”: (i) the Submission must be the submitting entrant’s original, previously unpublished work and not feature or focus on any material owned or controlled by third parties (including without limitation, third party copyrighted material); (ii) the entrant must provide upon request all appropriate clearances, permissions and releases for the Submission (in the event a contestant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in Contest); (iii) the Submission must not include images that are obscene, pornographic, libelous, offensive or otherwise objectionable; and (iv) in creating the Submission, you will not violate any laws including, without limitation, trespass or vandalism. Any Submission that, in Sponsor's good faith judgment, violates the Submission Requirements will be disqualified. Submissions must be received by the end of the Promotion Period. No substitutions of new versions of Submissions will be accepted under any circumstances once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. Sponsor may engage a third party application provider or other vendor to administer any other aspects of the Contest, such third parties will provide your personally identifiable information to Sponsor, who except as set forth herein will use such information in accordance with its online privacy policy, located at HappyWax.com and such third parties may also use your information for their own independent purposes in accordance with their own independent privacy practices. You should carefully review the privacy practices of any third party to determine their specific privacy policies. Sponsor is not responsible for the storage or any use of your entry information by such third parties. Any communication or information transmitted to Sponsor by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor. Use of the Hashtag constitutes your unconditional acceptance to these Official Rules.
Important Note
By entering the Contest, all entrants understand and agree that all Submissions will be posted on the Internet and/or social media (and other media as designated by the Sponsor in its sole discretion) for public view and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes.
You may enter as many unique submissions as you like. Duplicate entries will be ineligible. All entries must be received by the end of the Promotion Period in order to be considered. No entries or entry videos will be returned. Sponsor will be the official time keeper for this Contest. Proof of entering information on Instagram is not considered proof of delivery to or receipt by Sponsor of such entry.
Eligibility
This Contest is open to legal residents of the fifty United States and the District of Columbia who are eighteen (18) years of age or older as of the date of entry. Directors, officers, and employees of Sponsor, its parents, affiliates, subsidiaries, divisions, distributors, agents, professional advisors, printers, and advertising, promotional and marketing agencies (all such individuals and entities collectively referred to herein as the “Promotion Entities”), friends, family and the immediate family members of each and persons living in the same household of each (whether related or not) are not eligible to enter the contest or win a prize. This Contest is void where prohibited by law. Any contestants who do not abide by any of the rules and regulations set forth are subject to be deemed ineligible.
Winner Selection & Notification
At the end of the Promotion Period, the winner will be selected by Sponsor (or its designee) based upon the following criteria: (i) the Submission’s creativity; (ii) the Submission’s originality; (iii) quality of the image (the “Judging Criteria”). The Judging Criteria are to be applied in the sole discretion of Sponsor; each entrant agrees to be bound by and not challenge the final decisions of Sponsor. Sponsor will attempt to notify the potential winner by posting a comment on the potential winner’s Submission or by direct message including Sponsor’s contact information. The potential winner must then contact Sponsor using that contact information as soon as possible but no later than one (1) week of notification. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within one (1) week of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to three (3) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, such prize may go unawarded.
Prizes
For this promotion, there will be one (1) grand prize (the “Prize”) consisting of a $300 gift card that is eligible on items on HappyWax.com.
The winner shall be responsible and liable for all federal, state and local taxes (and the reporting consequences thereof) on the value of their prize and any other fees or costs associated with the acceptance of the prize and may be issued an IRS 1099 tax form and is advised to seek independent counsel regarding prize winnings. Prize will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable, non-transferable and have no cash value. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. The potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner is a minor, at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within one (1) day of prize notification, the winner may be disqualified and an alternate winner may be selected. The winner will be notified by November 30th 2019 via Instagram direct message. The winner will receive a direct message from the @HappyWaxMelts Instagram account.
General Conditions
This Contest is void where prohibited by law and is subject to all applicable federal, state, and local laws and regulations. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
Grant of Rights
For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Contest (and his or her parent or legal guardian, if the entrant is a minor) hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, for any reason whatsoever, including but not limited to the advertising, marketing, publicity and promotional purposes in any and all media, throughout the universe in perpetuity, without further notice to, consent by, or payment to entrant. In addition, the Grand Prize winner, (and his or her parent or legal guardian, if the entrant is a minor) hereby irrevocably grants Sponsor, its successors and assigns, an exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, for any reason whatsoever. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.
