Raw Sugar Living @Dyper Instagram Promotion Official Rules
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- VOID WHERE PROHIBITED BY LAW AND DO NOT ENTER IF YOU ARE NOT ELIGIBLE.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE PROMOTION, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- Eligibility. The Raw Sugar Living @Dyper Instagram Promotion (the “Promotion”) is open only to individuals who are legal residents and physically located in the fifty (50) states in the United States or the District of Columbia and who are at least 18 years of age at the time of entry. Entrant must have an active Instagram account and wireless and/or Internet access established before the Entry Period to be able to enter or win. Employees, officers, directors, consultants, contractors, representatives, interns, or agent of Raw Sugar Living (“Sponsor”), Sponsor’s parent companies, and each of their respective affiliates, subsidiaries, divisions, partners, fulfillment, advertising, publications, marketing, and promotional agencies, legal counsel, website providers, webmasters, distributors, and other entities providing any portion of the prize for the Promotion and its and their related companies nor in any way involved in the development, production, distribution of materials for, and coordination of this Promotion (collectively with Sponsor, the “Promotion Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Promotion or win a prize. For purposes of this Promotion, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children, and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
- Entry Period. Promotion information and Official Rules located at a link from Raw Sugar Living’s official Instagram page as follows: https://www.instagram.com/rawsugarliving and begins on or about 12:01 AM Pacific Time on November 12, 2021, and ends 11:59 PM Pacific Time on November 15, 2021 (the “Entry Period”). Sponsor’s computer is the official timekeeping device for the Promotion. All entries must be received or postmarked during the Entry Period to be eligible.
- How to Enter. If you are eligible, you may enter the Promotion by liking and saving this post, following @Dyper and @rawsugarliving, and tagging a friend below for your chance to win. Bonus entry for posting to Instagram stories and tagging @rawsugarliving. You may also enter by hand printing your full name, city, state, and zip code of your home street address (P.O. Boxes are not permitted), and telephone number (including area code) either on a postcard or separate piece of paper no larger than 8½” x 11,” and mailing the postcard or separate piece of paper to: The Raw Sugar Living @Dyper Instagram Promotion, 13412 Ventura Blvd., Ste. 200, Sherman Oaks, California 91423. Mail in entrants must have their entries postmarked by November 15, 2021 and received by November 17, 2021. Entries that do not meet all of the required information are void. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Multiple entries per entrant during the Entry Period are allowed.
Entrant’s Instagram profile must be on public display and contain adequate details to allow Sponsor to identify the entrant for the entrant to be eligible for entry. All content must comply with and is subject to the provisions contained in Section 7 herein. Entries that contain prohibited or inappropriate content, or are otherwise in breach of these Official Rules will not be eligible to win. Uploaded files must be submitted in accordance with the relevant social media platform requirements.
Additional Entry Requirements: Entries that are incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive, or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Materials submitted become the property of Sponsor and will not be returned. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the registered account holder of the social media account through which the entry was submitted. Winner(s) may be required to show proof of being the registered account holder. In the event a dispute regarding the identity of the individual who submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Those who do not follow all of the instructions, provide the required information in their entry, or abide by these Official Rules or other instructions of Sponsor may be disqualified in Sponsor’s sole discretion.
- Winner Selection and Prize Claiming: There will be two (2) winners. A random drawing from all eligible entries will be conducted a few days after the close of the Entry Period or as quickly thereafter as reasonably practicable for Sponsor to determine the two (2) winners. Such drawing will be performed by or under the supervision of Raw Sugar Living employees or representatives.
Sponsor will have sole discretion over interpretation of the Official Rules, of administration of the Promotion, and of selection of the winner(s). Decisions of the Sponsor as to the selection of the winner(s) will be final. The potential winner(s) will be notified using the information provided during entry and contacted via email or Instagram DM (in Sponsor’s sole discretion) in a commercially reasonable time after the drawing. The Promotion Entities are not responsible for false, incorrect, changed, incomplete, or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email or communication via Instagram DM. If a winner cannot be contacted or does not respond to claim his or her prize within a reasonable time, he or she will be disqualified. Another winner may or may not be selected at Sponsor’s sole discretion. The Promotion Entities are not responsible for electronic communications that are undeliverable because of any form of active or passive filtering of any kind, or any errors that preclude the entrant from receiving Sponsor’s message via whatever form.
Each potential winner may be required to submit an Affidavit of Eligibility /Release of Liability Agreement (collectively, the “Affidavit”) and any other documents required by Sponsor and return the Affidavit and other such documents within the time period specified at notification before being eligible to receive his or her prize. If any potential prize winner fails or refuses to sign and return such Affidavit and other documents required by Sponsor within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed, or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified, and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner. If any potential prize 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 may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Promotion Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.
- Odds. Odds of winning will depend upon the total number of eligible entries received during the Entry Period.
- Prize(s) and Values. The prize(s) to be awarded in this Promotion are:
2 Prize Packages – Each Prize Package Consisting Of:
x3 Kids Shampoo + Conditioner (1 of each scent)
x1 Kids Bubble Bath + Body Wash (1 of each scent)
x2 Body Wash (lemon sugar scent and pineapple + maqui berry scent)
x2 Exfoliating Men’s Body Wash (1 of each scent)
x2 Melatonin (1 of each scent)
x1 Beach Rose Deo
x1 Lavender Deo
x1 Box of diapers that last 1 month
Prize package ARV: USD$160.00
(2 prize packages – 1 prize package each for 2 winners)
Total potential Promotion prize pool value of USD$320.00
One (1) potential winner per prize package. Two (2) potential winners and prize packages in total. Prize(s) are non-transferable, with no cash redemptions, equivalents, or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with his or her prize(s), the Sponsor may elect to provide winners with an alternate prize of comparable or greater value. All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winner(s) will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part, are used. The approximate retail value (“ARV”) of the prize(s) is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winner(s) may be required to provide Sponsor with a valid social security number before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winner(s) for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited. Prize(s), if legitimately claimed, will be awarded. The Promotion Entities are not responsible for and will not replace any lost, mutilated, or stolen prize(s) or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. Winner is solely responsible for abiding by all terms and conditions associated with the applicable gift card as promulgated by the applicable entity.
Prizes must be redeemed within one week of notification by Sponsor. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and the Promotion Entities will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize(s) will be awarded. The Promotion Entities are not responsible for, and winner will not receive the difference, if any, between the actual value of the prize(s) at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or material. Limit of one (1) prize per winner.
- 7. License and Publicity Release and Content Representations and Warranties: All entrants submitting materials/content as part of the Promotion will be non-exclusively licensing (with the unlimited right to sublicense) to Promotion Entities the right to use all such materials, and the images, sounds, and video related thereto (including entrant’s name, social media account username, likeness, and entry content), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof.
Subject to applicable law, winner(s) irrevocably grant the Promotion Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Promotion, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice, review, approval, or consideration except for the awarding of the prize(s) to the winner(s).
Entrants represent and warrant that the materials submitted will not: (i) infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity; (ii) be unlawful or fraudulent; (iii) contain viruses or cause injury or harm to any person or entity; (iv) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children, or otherwise unsuitable for publication; and (v) violate any applicable law, rule, regulation, statute, or code.
Entrant further represents and warrants that the materials submitted will: (i) be their own original content or they will obtain the full permissions required from any person or entity of the property that appears in the content of their entry; and (ii) result in no third-party liability or obligations by Sponsor’s use thereof.
Entrants agree that they are fully responsible for the content they submit via the Promotion. Sponsor shall not be liable in any way for such content to the full extent permitted by law.
- Tampering with Promotion: The Promotion Entities are not responsible for the actions of entrants in connection with the Promotion, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Promotion. Persons found tampering with or abusing any aspect of this Promotion, or whom Sponsor believes to be causing malfunction, error, disruption, or damage may be disqualified. Additionally, any attempt to cheat the Promotion, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future Promotion. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE, SOCIAL MEDIA PLATFORM, OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
- Suspension / Modification / Termination: In the event Sponsor is prevented from continuing with the Promotion by any event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend, or terminate the Promotion or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Promotion should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security, or proper play of the Promotion; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Promotion; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
- Waivers, Disclaimers and Releases: By participating in the Promotion, entrant agrees to defend, release, discharge, indemnify, and hold harmless the Promotion Entities and each of their respective directors, officers, employees, agents, successors and assigns (collectively the “Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) entrants’ participation in the Promotion; (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damage, or injury); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation, announcement, or delivery of any Promotion activity and/or prize. Without limiting the generality of the foregoing, entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, in connection with the Promotion and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Promotion; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to defend, release, discharge, indemnify, and hold harmless the Released Parties from and against any and all liability resulting or arising from the Promotion and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize supplier that may be sent along with a prize. The Released Parties are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Promotion that may interfere with the Promotion (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Promotion as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Promotion.
- Entry Information and Promotion Communications: As a condition of entering the Promotion, each entrant gives consent for Sponsor to obtain and deliver his or her name, address, and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations, and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Promotion or on a Promotion winner’s list.
- Governing Law / Limitation of Liability: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- Dispute Resolution: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief exclusively in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles County, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
- Winners’ Name or Complete Official Rules: Winners’ first name, first initial of last name, city, and state will be posted on Sponsor’s Website or applicable social media channel(s) on or about November 20, 2021, or as soon thereafter as reasonably practicable for Sponsor and will be provided upon written request. For the name of the winners and/or a copy of the Official Rules, contact Sponsor for winners of the Raw Sugar Living @Dyper Instagram Promotion per the contact information in Section 18.
- Other Promotion: The Promotion Entities may run multiple campaigns, contests, or other promotions simultaneously, or in the future. Entry into one (1) campaign, contest or promotion does not constitute entry into any other. Entry into this Promotion is for this Promotion only, and you must enter each of any concurrent or future promotion separately, and in accordance with any rules, terms, or conditions applicable thereto. These Official Rules are only for the Promotion.
- Identification of Sponsor: This Promotion is sponsored by Raw Sugar Living. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Promotion. You can contact Sponsor as follows:
By email: [email protected]
By visiting this page on our Site: https://rawsugarliving.com/say-hello/
By phone number: 1(818)501-1400
By mail: 13412 Ventura Blvd., Ste. 200, Sherman Oaks, California 91423