TERMS & CONDITIONS

Sunday Riley Good Genes 7-Day Challenge

official rules

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOURCHANCES OF WINNING. Void where prohibited by law and outside the United States. Subject to all federal,state, and local laws, regulations and ordinances. The Sunday Riley Good Genes 7-Day Challenge Contest (the“Contest”) begins on July 15, 2024 at 12:00:01 a.m. Pacific Time (“PT”) andends on September 30, 2024 at 11:59:59 p.m. PT (the “Contest Period”). Sponsor’scomputer is the official timekeeping device for this Contest.

 

BY PARTICIPATING IN THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEMCAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE SPONSORAND OTHER CONTEST ENTITIES BY YOU, A CLASS ACTION AND JURY TRIAL WAIVER, AND A LIMITATION OF YOUR RIGHTS ANDREMEDIES. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH META PLATFORMS,INC. (INCLUDING INSTAGRAM), OR BY TIK TOK, INC.

  1. SPONSOR: The Sponsor for this Contest is Sunday Riley Modern Skincare, LLC(“Company” or “Sponsor”), 4444 Westheimer Rd STE. G305, Houston, TX 77027.

 

  1. ELIGIBILITY: The Contest is open only to legal residents of the 50 United States and D.C. whoare 18 years of age or older (19 years of age in Alabama and Nebraska, 21 years of age in Mississippi) at thetime of entry, who are participants in the 2024 SoPost Good Genes 7-Day Challenge Campaign, and who havereceived a Good Genes sample package (“Sample Package”) from Sponsor, indicating recipient’seligibility to participate in this Contest (each, an “Entrant”). Entrants will need an active andpublic Instagram and/or TikTok account in order to participate. You can sign up for an Instagram account forfree at https://www.instagram.com/accounts/emailsignup/,or for a TikTok account for free at https://www.tiktok.com/signup.Employees, officers, directors and agents of Sponsor, any other company involved in the presentation,administration or fulfillment of the Contest, and/or their respective subsidiaries, affiliated companies anddivisions (collectively, the “Contest Entities”), and each of their immediate family members(defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild,regardless of where they reside) and/or those living in the same household are not eligible to enter or win.Sponsor reserves the right to verify the eligibility of winners. Participation constitutes Entrant’s fulland unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final andbinding in all matters related to the Contest.

 

  1. HOW TO ENTER: During the Contest Period, eligible persons can enter by completing the stepsbelow:

 

  • Upon receiving your Sample Package, and prior to or during the Contest Period, you must first use the product(s)provided in your received Sample Package as directed by the product(s) instructions.

 

  • Once you have used the product(s) as directed by the accompanying instructions, you may then continue entry bysharing a video to either Instagram or TikTok, as explained below:

 

  1. Instagram Submission: Log into your Instagram account, ensure your account is set to “public”and that your settings allow the Sunday Riley Instagram page to contact you, follow @sundayriley, and create andupload a video of yourself using, discussing, demonstrating, or reviewing the product(s) provided in your SamplePackage (together, an “Instagram Submission”). The video must be uploaded as either a carousel (apost containing more than one photo and/or video) or a reel.

 

OR

 

  1. TikTok Submission: Log into your TikTok account, ensure your account is set to “public” andthat your settings allow the Sunday Riley TikTok page to contact you, follow @sundayriley, and create and uploada video of yourself using, discussing, demonstrating, or reviewing the product(s) provided in your SamplePackage (together, a “TikTok Submission”). The video must be uploaded as a post.

 

(Step B, together, a “Submission.”) All Submissions MUST tag @sundayriley, and mustinclude, within the caption or comment of the social media post, the hashtags #SundayRileyPartnerContestEntry and#GoodGenesChallenge. Your Instagram or TikTok account must be set to “public” throughout the entirety ofthe Contest Period, and until a winner is announced, in order to remain eligible to win a prize. Each Entrant mayonly post one (1) Submission during the Contest Period, to either Instagram or TikTok. Upon successfully posting aSubmission during the Contest Period, you will be entered with one (1) entry into the Contest.

 

Limit one (1) Submission per person throughout the Contest Period. Only those Submissions madeduring the Contest Period, and in accordance with these Official Rules, will be eligible towards entry into thisContest. Any/all Submissions made outside of the Contest Period, that do not include the required hashtags or@sundayriley tag, that exceed the size or time limits prescribed by the respective social media platforms, thatviolate the Requirements for Submissions (listed below), or that otherwise violate these Official Rules will bedisqualified.

 

Requirements for Submissions:

 

ALL Submissions must comply with the following:

 

  • Submissions MUST truthfully and accurately convey Entrant’s honest opinions, beliefs, and/or findingsabout the product(s) represented within any Submission;
  • Submissions MUST NOT make any claims, including medical claims, that are not listed on the product(s) package,packaging materials, and/or Sunday Riley website;
  • Submissions MUST not exceed any time limitations imposed by Instagram or TikTok;
  • Submissions MUST be submitted in one of the video formats and posting methods supported by Instagram or TikTok,respectively, and available here andhere;
  • Submissions MUST be clear and easy to see, hear and understand;
  • Submissions MUST include the required hashtags, as listed above in Step B;
  • Instagram Submissions MUST be added to your Instagram account as either a post or a reel; any videos added toyour Instagram account as a story or as a live post will not be eligible for entry;
  • TikTok Submissions MUST be added to your TikTok account as a post; any videos added to your TikTok account as astory will not be eligible for entry;
  • Instagram Submissions MUST comply with Instagram’s Community Guidelines, Terms of Use, and any otherapplicable guidelines or terms;
  • TikTok Submissions MUST comply with TikTok’s Community Guidelines , Terms ofService, and any other applicable guidelines or terms;
  • Submissions MUST be the Entrant’s original idea (modification of an original work is not an originalidea). Submissions MUST NOT copy or otherwise plagiarize from any source;
  • Submissions MUST NOT contain material or imagery or depict any conduct which is (or promote activities whichare) in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene,pornographic, inappropriate, violent, self-mutilating (g., relating to murder, the sales of weapons,cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexualorientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.),offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place,business, group or world peace; or contain words or symbols that are widely considered offensive to individualsof a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words ortext portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violationof, or contrary to the laws or regulations in any state where the Submission is created in their application;
  • Submissions MUST NOT contain material that violates or infringes another’s rights, including but notlimited to material that violates privacy, publicity, or intellectual property rights, or that constitutescopyright infringement. Without limiting the foregoing, Submissions must not include third-party trademarks,logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor.
  • Submissions MUST NOT include mention or performance of any copyrighted media production including but notlimited to books, articles, photographs, artwork, music, etc., or identifying descriptions of any mediaproperty. Submissions must not include commercial music;
  • Submissions MUST NOT include third parties, including but not limited to minors, celebrities and friends, whohave not expressly authorized Entrant to display their image or likeness in any submitted application orotherwise use such images or likenesses in accordance with these Official Rules. Entrant must be prepared toprovide signed third party authorizations upon request;
  • MUST NOT promote any activities that may appear unsafe or dangerous, or promote any political agenda or message;
  • MUST NOT defame, misrepresent or contain disparaging remarks about Sponsor or other companies;
  • MUST NOT contain any personal identification, such as license plate numbers, last names (first names arepermitted), email addresses or street addresses for any person other than Entrant, or otherwise infringe on theprivacy of any person other than an Entrant;
  • MUST NOT use or in any way incorporate artificial intelligence or any other simulation of human intelligence orprocess through the use of a machine or computer system (collectively, “Artificial Intelligence”),either in the creation or submission of the Submission or as a part of any Submission, and/or third-partySubmissions are prohibited. Any Submission that was created by using, or in any way incorporates, ArtificialIntelligence, or that was created or made by a third party, will be void, and the entrant who submitted such aSubmission may be disqualified at Sponsor’s sole discretion;
  • Entrants are hereby granted a limited, nonexclusive license to use Sponsor’s trademarks, logos, insigniaand other intellectual property for the limited purpose of creating their Submission, however, it may not beused outside of that purpose.

By entering in this Contest, you acknowledge and agree that your Submission and any other materials submitted inconnection with this Contest may be posted on Sponsor’s website and/or other social media sites orapplications associated with the Contest in a manner that is consistent with these Official Rules. Upon submissionof your Submission in this Contest, you agree that Sponsor may contact you via social media, including on Instagramor TikTok, by sending you a direct message, tagging you, posting to your social media page or naming you onSponsor’s social media page. Normal Internet access, phone, and usage charges imposed by your online or phoneservice may apply. If you are entering via a mobile device and using your wireless carrier’snetwork, standard data charges from your wireless carrier may apply.

 

The Contest Entities reserve the right in their sole and unfettered discretion to disqualify any Submission that theybelieve is inappropriate or not suitable for publication, that does not comply with these Official Rules or that isnot consistent with the spirit or theme of the Contest, and/or communicates messages or images inconsistent with thepositive image and good will of Sponsor’s brand. By entering, each entrant warrants and represents thathis/her Submission is original, has not been previously published or won any award, does not contain any materialthat would defame or otherwise violate or infringe upon the rights of any third party, including patents,copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws orordinances.  Entrants further warrant and represent that they have secured the requisite consent from any thirdparty referenced in their Submission. 

 

By participating in this Contest, entrant acknowledges and agrees that he or she will clearly and conspicuouslydisclose that he or she is participating in this Contest in any online social sharing interaction that referencesthe Contest or is used to obtain entries in connection with this Contest.  At a minimum, the hashtags#SundayRileyPartner, #GoodGenesChallenge, and #SundayRileyContestEntry must be included in allsocial media communications sent pursuant to the Contest. Sponsor reserves the right in its sole discretion todisqualify any entrant who does not adequately disclose his or her participation in this Contest while engaging inany online social sharing interaction during the Contest Period.

 

LIMIT ONE (1) SUBMISSIONPER PERSON THROUGHOUT THE CONTEST PERIOD, REGARDLESS OF SOCIALMEDIA PLATFORM USED. ADDITIONAL ENTRIES IN EXCESS OF THE LIMIT MAY BE DISQUALIFIED. Multiple entrantsare not permitted to share the same email address or social media account. Any attempt by any entrant to obtain morethan the permitted number of entries by using automation, multiple and/or different identities, forms,registrations, addresses or any other method will void all of that entrant’s entries, and that entrant may bedisqualified at Sponsor’s discretion. Multiple entrants are not permitted to share the same email address.Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible,corrupted or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible forlost, late, incomplete, damaged, stolen, misdirected or illegible entries; lost, interrupted or unavailable network,server or other connections; or miscommunications, computer or software malfunctions, telephone transmissionproblems, technical failures, garbled transmissions, damage to a user’s computer equipment (software orhardware) or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof ofsending or submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to theidentity of an entrant, the authorized account holder of the email address used to enter will be deemed to be theentrant or participant. The “authorized account holder” is the natural person assigned an email addressby an Internet access provider, online service provider, Internet service provider or other organization (which mayinclude an employer) responsible for assigning email addresses for the domain associated with the submitted address.Potential winner may be required to show proof of being the authorized account holder. Entries specifying aninvalid, non-working or inactive email address will be disqualified and ineligible to win.

  1. SELECTION OF WINNERS: Five (5) winners will be selected from among all Instagram Submissions,and five (5) winners will be selected from among all TikTok Submissions, for a total of ten (10) winners. Thesewinners will be selected through a two-phase selection process.

 

Phase One: The top ten (10) Instagram Submissions and the top ten (10) TikTok Submissions with themost “likes,” “views,” and/or “comments” (together, “Votes”) as of11:59:59 P.M. PT on September 30, 2024 will be selected to advance to Phase Two. A Submission will receive a“like,” “view,” or “comment” from members of the public who are registered usersof Instagram or TikTok when that user chooses to “like” your Submission on Instagram or TikTok, watchesyour Submission in its entirety on Instagram or TikTok, or comments on your Submission on Instagram or TikTok duringthe Contest Period. The Submission’s total “likes,” “views,” and“comments” will be added together, and this total number will be considered for Phase One. Entrants areprohibited from obtaining “likes,” “views,” or “comments” by any fraudulent orinappropriate means, including, without limitation, offering prizes or other inducements to prospective voters, asdetermined by Sponsor in its sole discretion. Use of script, macro or any automated system to Vote or with theintent to impair the integrity of the Voting process is prohibited and all such Votes will be void. Sponsor reservesthe right, in its sole and unfettered discretion, to nullify all “likes,” “views,” and/or“comments” obtained via such means and to disqualify responsible Entrants from further Voting orparticipation in the Contest.

 

Phase Two: The top ten (10) Instagram Submissions and the top ten (10) TikTok Submissions from PhaseOne will advance to be judged in Phase Two. These top ten (10) Instagram Submissions and top ten (10) TikTokSubmissions will be reviewed by a panel of five (5) judges. On or about October 4, 2024 the judges will select thetop five (5) Instagram Submissions and the top five (5) TikTok Submissions as winners of the Contest, based on theEntrants’ Submissions. Each Entrant’s Submission will be individually judged based on the followingcriterion: creativity (33.33%); discussion of Sponsor’s products and their effects on Entrant (33.33%);ability to show a love for skincare, makeup, and/or the beauty industry (33.33%). The ten (10) winners with thehighest judged scores (five Instagram Submission winners and five TikTok Submission winners) of Phase Two will bedeemed the winners of the Contest.

 

In the event there is a tie between Instagram Submission Entrants or TikTok Submission Entrants in Phase One, allrespective Entrants with the top ten (10) Submissions for that social media platform with the most“likes,” “views,” and/or “comments” as explained above, will advance to PhaseTwo. In the event there is a tie between Entrants in Phase Two, the tied Submissions will enter a tiebreaker round(“Tiebreaker Round”). In the Tiebreaker Round, the panel of judges will judge the tied Submissions basedon the following criterion: knowledge of Sponsor’s product and brand (33.33%); ability to evoke interest inSunday Riley’s Good Genes Lactic Acid Treatment (33.33%); passion for creating social media content (33.33%).

 

The potential winners will be announced via Sunday Riley’s Instagram and TikTok social media pages, and thepotential winners will also be sent a direct message to the Instagram account or TikTok account used to submit theSubmission. Winning a prize is contingent upon fulfilling all requirements set forth herein. If a potential winnerdoes not respond within 72 hours after the first attempt to notify him/her that he/she has been selected to receivea prize, that potential winner will be deemed to have forfeited the prize, and the Submission with the next highestscore from Phase Two judging will be selected as an alternate potential winner in his/her place. If no Entrant whoseSubmission had advanced to Phase Two claims the prize, Sponsor will select the eligible entry that received the nexthighest number of votes via Phase One as the alternate potential winner. Any alternate potential winner will alsohave 72 hours to claim the prize, and must satisfy all eligibility requirements.

For prizes with a value of more than $600, except where legally prohibited, each potential prize winner must sign andreturn, within seven (7) days of being notified, an Affidavit/Declaration of Eligibility, Liability & PublicityRelease (Winner Release) in order to claim their prize. If a potential winner cannot be contacted via email,telephone, and/or registered mail after the first attempt to contact them, or if they fail to sign and return theWinner Release or any other documentation that Sponsor may require within the required time period (if applicable),if potential winner is unable or unavailable to claim prize within any time period specified by Sponsor, or in theevent that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to analternate winner selected through the judging criteria explained above from among all remaining eligible entries. IfSponsor is unable to determine and verify a potential winner after repeated judging or if they fail to receive asufficient number of entries to correspond to the number of prize(s) available to be awarded, Sponsor reserves theright to not award any or all of the prize(s).

Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR,WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANYPRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THATVERIFICATION IS COMPLETE.

 

  1. PRIZES: There will be ten (10) prizes awarded. Five (5) Instagram Submission winners and five(5) TikTok Submission winners will each win one (1) prize, consisting of one (1) $1,000 Sunday Riley electronicgift card, for use at sundayriley.com. Approximate Retail Value(“ARV”) of each Prize: $1,000. Total ARV of all prizes to be awarded: $10,000. Limit one (1) prizeper person and per household.

 

PRIZE RESTRICTIONS: Additional terms and conditions may apply to gift cards; see the front and backof gift cards, or information provided with gift card, for restrictions and additional information. Any and allapplicable federal, state and local taxes and all fees and expenses related to acceptance and use of prize notspecifically stated herein are the responsibility solely of winner. Prize cannot be substituted, assigned,transferred or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions attheir discretion. Sponsor will not replace any lost or stolen prizes. Prize cannot be used in conjunction with anyother promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in theContest. If, by reason of a print or other error, more prizes are claimed than the number set forth in theseOfficial Rules, prize winner(s) will be selected in accordance with the winner selection method described above fromamong all eligible claimants making purportedly valid claims to award the advertised number of prizes available.Sponsor is not responsible for any delay or cancellation of the prize delivery due to unforeseen circumstances orthose outside of their control. If the fulfilling merchant cancels the order for reasons out of Sponsor’scontrol, the prize will not be delivered and no additional compensation will be provided.  

 

  1. GENERAL CONDITIONS: Contest participation constitutes Entrant’s full and unconditionalagreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all mattersrelated to the Contest. In the event there is a discrepancy or inconsistency between disclosures or otherstatements (in any and/or all media) contained in any Contest materials and the terms and conditions of theOfficial Rules, the Official Rules shall prevail, govern and control. Proof of sending or submission of entrywill not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these OfficialRules shall not constitute a waiver of that provision.

 

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITHTHIS CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVILLAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCHPERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to disqualify any individualit finds to be attempting to tamper with or to undermine the entry process, any website associated with the Contest,and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike ordisruptive manner or with the intent to annoy, abuse, threaten or harass any other person. Sponsor’s failureto enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused byEntrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest;(2) technical failures of any kind, including, but not limited to, malfunctions, interruptions ordisconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any partof the entry process or the Contest; (4) technical or human error that may occur in the administration of theContest or the processing of entries; or (5) any injury or damage to persons or property that may be caused,directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use ormisuse of any prize. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, ifany fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity orproper functioning of the Contest, as determined by Sponsor. If, for any reason, the Contest cannot be run asplanned, Sponsor may disqualify any suspect entries and (a) suspend the Contest and modify the Contest to addressthe impairment, then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or(b) terminate the Contest and award the prize at random from among the eligible, non-suspect entries received up tothe time of the impairment.

 

  1. LIMITATION OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES TORELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS CONTEST ENTITIES, META PLATFORMS, INC. (INCLUDING INSTAGRAM),TIKTOK, INC., AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS,CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITEPROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (THE“RELEASED PARTIES”), AND THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALLBE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS,INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROMACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE, ENTRY OR PARTICIPATION IN THIS CONTEST OR IN ANYCONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, ORMERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS CONTEST CANNOT BE ADMINISTERED ORCONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISINGFROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER,PANDEMICS, EPIDEMICS, WIDESPREAD ILLNESS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANYOTHER SIMILAR ACT, EVENT OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THISCONTEST, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES ORLOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS,INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST ORTHE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.

 

  1. PUBLICITY AND INTELLECTUAL PROPERTY RELEASE: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION INTHE CONTEST CONSTITUTES WINNER’S PERMISSION AND GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITINGON REQUEST OF SPONSOR) AND ITS DESIGNEES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST AND USE,WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, ATANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICALINFORMATION (INCLUDING, BUT NOT LIMITED TO, HOMETOWN AND STATE), PRIZE INFORMATION, QUOTES ATTRIBUTABLE TOWINNER, AND ANY OTHER ELEMENTS OF ENTRANT’S PERSONA FOR ADVERTISING, TRADE AND PROMOTIONAL PURPOSES(INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONALCONSIDERATION, COMPENSATION, PERMISSION OR NOTIFICATION, INCLUDING IN A LIST TO BE USED BY SPONSOR AND ITSDESIGNEES AND ITS PARTNERS TO RE-TARGET ENTRANTS VIA EMAIL OR ANY SPONSOR APP, UNLESS PROHIBITED BY LAW.

     

    BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT SUCH ENTRY, COMMUNICATIONS OR SUBMISSIONS,CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (“SUBMISSIONS”) THAT ENTRANT MAYSUBMITTO SPONSOR OR POST ONLINE OR ON SOCIAL MEDIA IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING ALL RIGHTS EMBODIEDTHEREIN, WHETHER SENT VIA THE WEBSITE OR ELECTRONIC MAIL OR SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLYIDENTIFIABLE INFORMATION AS IDENTIFIED IN SPONSOR’S PRIVACY POLICY, AVAILABLE ATHTTPS://SUNDAYRILEY.COM/PAGES/PRIVACY-POLICY, ARE DEEMED TO BE NON-CONFIDENTIAL ANDNON-PROPRIETARYAND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSIONS. SPONSOR SHALL BE FREE TOEDIT,EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSIONS TO OTHERS WITHOUTLIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANYPURPOSEWITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD PARTY. ENTRANT HEREBY GRANTS TO THESPONSORAND ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AN IRREVOCABLE AND WORLDWIDE LICENSE TO USE IN PERPETUITYTHESUBMISSIONS IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USETHESUBMISSIONS, ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANTWAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE SUBMISSIONS AND AGREES THAT IF SPONSOR ELECTS TO USESUBMISSIONSFOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS THAT MAY RESULT FROM THATRELATINGTO ENTRANT’S SUBMISSIONS OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANTFURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT’S SUBMISSIONS, ENTRANT WILL EXECUTE ANY DOCUMENTSREQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE SUBMISSIONS CAUSES IT TO BE LIABLETOANY THIRD PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES,REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES(INCLUDING REASONABLE ATTORNEYS’ FEES) THAT IT INCURS AS A RESULT OF ITS USE OF THE SUBMISSIONS.

     

    WITHOUT LIMITING THE FOREGOING, AND EXCEPT FOR ANY MANUFACTURER’S WARRANTIES THAT MAY BEPROVIDED WITHINDIVIDUAL PRIZES, EVERYTHING REGARDING THIS CONTEST, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS CONTEST ANDALLPRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUTNOTLIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.SOMEJURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGESOREXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWSFORANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

 

  1. DISPUTES: This Sweepstakes is governed by the laws of the United States. Except whereprohibited, Entrant agreesthat: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes orany prize awarded shall be resolved individually, without resort to any form of class action, and exclusively bythe United States District Court for the District of Texas or the appropriate State Court located in Texas; (2)any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, includingcosts associated with entering this Sweepstakes not to exceed fifty U.S. dollars (US$50.00), but in no eventattorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, andEntrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and anyother damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multipliedor otherwise increased. All issues and questions concerning the construction, validity, interpretation andenforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connectionwith the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Virginia,without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any otherjurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas.

 

  1. SEVERABILITY: If any term or provision of these Official Rules is found under the law to beinvalid or unenforceable, then such specific term or provision shall be of no force and effect and shall besevered, and the remainder of these Official Rules shall continue in full force and effect.

 

  1. PRIVACY: Information collected from Entrants is subject to the Sponsor’s Privacy Policy,which can be found at https://sundayriley.com/pages/privacy-policy.

 

  1. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules or for a list of winnersavailable after winners have been confirmed and no later than 6 months after the end of the Sweepstakes Period,visit [URL] or send a self-addressed, stamped envelope to: Sunday Riley Modern Skincare, 4444 Westheimer Rd STE.G305, Houston, TX 77027. Vermont residents may exclude return postage on requests for Official Rules.

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