SPF

OFFICIAL RULES
Trip to Festival Sweepstakes



NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  THE ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE SWEEPSTAKES PERIOD.

1. PROMOTION:  The Trip to Festival Sweepstakes (the “Sweepstakes”) starts on April 1, 2024 at 8:00 AM Eastern Time (“ET”) and ends at 11:59 PM ET on May 5, 2024 (“Sweepstakes Period”). Sponsor’s computer shall be the official timekeeper for all matters related to this Sweepstakes. 

2. ELIGIBILITY: Open only to legal residents of the fifty (50) United States (excluding Puerto Rico) and the District of Columbia who at time of entry are at least eighteen (18) years of age, or the age of majority in their state, whichever is older (the “Entrant”). Void where prohibited. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of SoftSheen-Carson (“Sponsor” or “Dark and Lovely”) and its respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win.  By participating entrants agree to be bound by these Official Rules and the decisions of the judges and/or Sponsor, which are binding and final on matters relating to this sweepstakes.  Sweepstakes is subject to all applicable federal, state and local laws.

3. TO ENTER:  During the Sweepstakes Period:1) You must be a logged in Facebook or Instagram user. Entrant may be served a random “organic or promoted” ad. On the "organic and promoted ad" click on the link and complete the registration form and submit.  All online entries must be submitted by 11:59 PM ET on May 5, 2024 to be entered for a chance to win. Entrant must have a Facebook or Instagram account.  If you do not have a Facebook or Instagram account, download the application to your mobile device or go to www.facebook.com or www.instagram.com and create an account according to the instructions. Creating an account is free and you may be asked to agree to the terms of service and privacy policy of Facebook and Instagram. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor, not Facebook or Instagram. If you choose to enter using your mobile device, standard data fees may apply.  See your wireless provider for pricing plan details. 

4. DRAWING:  One (1) Potential Winner (“Potential Winner”) will be selected in a random drawing held on or about May 13, 2024 from all eligible entries received by Sponsor.  Odds of winning depend on the number of eligible entries received. 

5. WINNER NOTIFICATION: Potential Winner will be notified on or about May 17, 2024 via email. Potential Winner may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within seven (7) days of date of issuance. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a Potential Winner, Potential Winner does not respond to Sponsor’s communication with 48 hours from time of contact for any reason, or a Potential Winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor’s discretion, up to three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded.  If a Potential Winner is an eligible minor in his/her jurisdiction of residence, prize may be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein.  

6. PRIZES: One (1) Potential Winner will receive a trip with one (1) guest to attend the Essence Festival (“Festival”) in New Orleans from July 5-7, 2024. Trip consists of two (2) tickets to attend the Festival and roundtrip, premium economy class air transportation from a major U.S. gateway airport nearest winner’s residence to New Orleans, Louisiana, four (4) days and three (3) night standard hotel accommodations (one room, double occupancy), ground transportation to/from home to airport and airport to/from hotel, Approximate Retail Value (“ARV”) is up to $4,900.00. If winner resides within a 100-mile radius, ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided in lieu thereof. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Actual value of may vary based on point of departure. Any difference between stated value and actual value will not be awarded. Trip date will be determined by Sponsor and Potential Winner must attend during that date or prize will be forfeited and Sponsor will have no further obligation to such winner.  Sponsor reserves right to change dates. Travel must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Sponsor reserves the right to not award prize to Potential Winner if Potential Winner engages in activities that do not, or have the potential not to, align with Sponsor’s values, or if Potential Winner acts in a disruptive manner, or with the effect to annoy, abuse, threaten or harass any other person or in any other objectionable behavior, any and all in the sole discretion of Sponsor.

Festival tickets are subject to certain terms and conditions as specified thereon. Winner and guest must comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of prize.


7. GENERAL CONDITIONS: 
(a) Social Media: The Potential Winner agrees that as a condition to receiving any of the above-mentioned prizes, the Potential Winner shall participate in a content-capture (the date, time, location and duration of which will be determined by Sponsor in its reasonable discretion, subject to the Potential Winner’s prior, professional obligations) whereby Sponsor will create photographs, video recordings, screenshots, and otherwise recordings, in digital or analogue formats (the “Recordings”). In connection with Sponsor’s use of the Recordings, the Potential Winner, by entering into this Sweepstakes, hereby grants Sponsor a non-exclusive, worldwide, irrevocable, transferrable, assignable, sublicensable, royalty-free, right and license to use, for six (6) months upon Sponsor’s first public use of the Recordings, Potential Winner’s name, nickname, moniker, sobriquet, initials, signature, social media name, photograph, likeness, image, speech, voice, facial expressions, interviews in which I may participate, videos of me or in which Potential Winner may appear, and/or biographical information and statements (collectively, the “Indicia”), for any purpose whatsoever, in any and all media now known or hereafter devised. The Potential Winner acknowledges and agrees that the Potential Winner does not own any rights, including copyrights, in the aforesaid Recordings, and the Potential Winner hereby waives any right to approve the Recordings, portions of the Recordings, or any derivative works thereof, or the final form and context of the use of the Recordings and the Indicia as incorporated therein. Potential Winner hereby releases and discharge on behalf of the Potential Winner, and Potential Winner’s heirs, executors, administrators, successors, or assigns, Sponsor from any and all claims and demands whatsoever arising out of or in connection with Sponsor’s use of the Recordings, or portions thereof, and Sponsor’s exercise of the rights Potential Winner is granting herein, whether known or unknown, including, without limitation any and all claims relating to rights of privacy or publicity, defamation, libel, false light, copyright, moral rights, and any other intellectual property, personal or proprietary rights that I may be afforded by any applicable statute, law or regulation in any way relating to the foregoing, unless prohibited by law
   
7. (b) Release: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or postage-due mail, entries or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the sweepstakes, the processing of entries, the announcement of the prizes or in any sweepstakes-related materials.  Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the sweepstakes.  Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this sweepstakes or downloading materials from or use of the website.  Persons who tamper with or abuse any aspect of the sweepstakes or website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void.  Should any portion of the sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the sweepstakes and, if terminated, at its discretion, select the Potential Winner from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Entrants, by participating, agree that Sponsor and its respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this sweepstakes.  Each winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules.  Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 

8. ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased.

9. USE OF DATA: Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy and Notice of Financial Incentives. Please review the Sponsor’s Privacy Policy at https://www.softsheen-carson.com/privacy-policy and Notice of Financial Incentives at https://mcqg7tb-yjgl2414mz73fvhqnjg1.pub.sfmc-content.com/f1hi0yqv3yg. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

10. WINNERS’ LIST: For the name of the winner (available after May 31, 2024) send a self-addressed stamped envelope to: Trip to Festival Sweepstakes Winner, c/o SoftSheen-Carson, 10 Hudson Yards, New York NY 10001, for receipt no later than August 31, 2024. 

11. SPONSOR: SoftSheen-Carson, 10 Hudson Yards, New York NY 10001

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