1. BINDING AGREEMENT: The following are the official rules (“Rules”) for the JustFab “JustFab x Beachwaver Giveaway” (“Sweepstakes”). In order to enter the Sweepstakes, you must agree to these Rules. The Rules are a legally binding agreement by and between Sponsor (as defined below) and each Entrant. By participating, you fully and unconditionally agree to abide by these Rules. Failure to comply with these Rules will void your Entry. In the event there is a discrepancy or inconsistency between these Rules and any other disclosures, statements or promotional materials, these Rules shall prevail, govern and control.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2. Sponsor(s): The Sweepstakes is sponsored by JustFab, LLC, a Delaware Limited Liability Company with its principal place of business at 800 Apollo Street, El Segundo, CA 90245. The Sponsor’s decisions are final and binding as to all aspects of the Sweepstakes. Inquiries regarding the Sweepstakes should be directed to Sponsor.
3. Eligibility: The Sweepstakes is open to any person who has reached the age of 18 at the time of entry, in the state, province or territory where he or she resides and who at the time of entry is a legal resident of the 50 United States (including the District of Columbia). Employees of Sponsor and its respective parent, affiliates, subsidiaries, Sweepstakes agencies, suppliers and members of their immediate families, are not eligible. Void in Rhode Island, Puerto Rico and where prohibited by law. For purposes of the Sweepstakes, “immediate family” is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household. Sweepstakes is subject to all applicable federal, territorial and local laws and regulations.
4. Timing: The entry submission period of the Sweepstakes begins on September 6th, 2022 at 2:00 PM Pacific Daylight Time (“PDT”) and ends September 12th, 2022, at 11:59 PM Pacific Daylight Time (“PDT”) (“Sweepstakes Period”). Sponsor’s computer shall be the official timekeeper for all matters related to this Sweepstakes and shall determine timeliness of Entries at its sole discretion. Entries received after the Entry Period will not be eligible. Any proof of submission does not constitute proof of receipt.
5. Entry: To enter the Sweepstakes, during the Sweepstakes Period, participants must: (i) follow @JustFabOnline and @thebeachwaver; (ii) like the JustFab Instagram photo; (iii) tag at least one friend in the comments section (collectively, an “Entry”). No purchase necessary. A purchase or payment of any kind will not increase your chances of winning. Two (2) winners (“Winner”) from Instagram or TikTok will be randomly selected from the pool of entries. No more than one (1) person can enter using the same email address. Entrants may submit an unlimited number of Entries. Sharing the JustFab Instagram post on Entrant’s Instagram story or commenting the designated phrase on a post during the giveaway period shall be considered an additional entry. Use of any automated system to participate is prohibited and will result in disqualification.
6. Entry Errors: Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor is not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
7. Prizes: The following “Prizes” are being awarded in this Sweepstakes: Two (2) winners will each receive 5 pairs of shoes from JustFab, and $200 gift card to The Beachwaver. The total approximate value of the Prize is up to one hundred and fifty dollars ($800.00 USD). Limit one (1) Prize per Winner. All results and decisions of Sponsor are final and binding in all respects. The Prize cannot be combined with any other offer. The Prize is not transferable or redeemable in cash and must be accepted as awarded. Any difference between the approximate value and the actual value of the Prize will not be awarded and any difference will not be refunded. All costs, including federal, state and local taxes related to, or acceptance or use of the Prize, if any, are the sole responsibility of Winner. All details and other restrictions of the Prize not specified in these Rules will be determined by Sponsor at its sole discretion. Sponsor reserves the right to substitute an alternative Prize, in whole or in part, of equal or greater monetary value if a Prize becomes unavailable or cannot be awarded as described for any reason. SPONSOR MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE PRIZE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WINNER SHALL TAKE THE PRIZE “AS IS” AND AT HIS OR HER OWN RISK.
8. Random Selection of Winner: Sponsor will randomly select five (5) Winners from the pool of entries. The Winner is considered a potential winner (“Potential Winner”) pending verification of eligibility and compliance with these Rules. Odds of winning depend on the number of eligible Entries received during the applicable Sweepstakes Period. The Winner will be notified via email within five (5) business days after the Sweepstakes Period ends. Entrants are responsible for ensuring that their email account information is up-to-date and accurate. Prize notices returned as undeliverable will result in the disqualification of the potential Winner and an alternate Winner will be selected. Sponsor’s decisions as to the Winner selection are final and no correspondence will be entered into. Winner will have forty-eight (48) hours to respond and claim their Prize via email or Instagram direct message. If the Winner is discovered to be invalid for any reason prior to delivery of the Prize, or if the Winner cannot be contacted or does not respond within the forty-eight (48) hour time period, an alternate Winner may be selected, at the sole discretion of the Sponsor. If there is no Winner by the 30th day after end of Sweepstakes, no further Winners will be chosen. In the event of a dispute, the person to who the email account used to enter the Sweepstakes was registered will be deemed the winning Entrant. Potential Winner may be required to show proof of age, identification and a valid passport, complete a 1099 form, and provide social security number in conjunction with Prize award/acceptance. Winner is under no obligation to join the JustFab VIP Membership Program to redeem the Prize and may elect to checkout as a “pay as you go” customer.
9. GENERAL: If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules. This Sweepstakes is governed by the laws of the State of California, United States. All federal, state and local laws and regulations apply. By entering and participating in the Sweepstakes, you agree to be bound by these Rules and by Sponsor’s decision, which are final and binding on all matters relating to the Sweepstakes. Sponsor’s failure to enforce any provision of these Rules shall not constitute the waiver of such provision. Entrants are required to provide accurate, valid and truthful information at all times. Sponsor will reject and delete any Entry that it discovers to be false, fraudulent, illegal or deceptive and will disqualify any Entrant who tampers with the Entry process, the operation of the Sweepstakes, is otherwise in violation of the Rules or acts in a disruptive or unsportsmanlike manner. Sponsor is not responsible for electronic transmission errors which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Entry. Sponsor is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. Sponsor reserves the right to cancel, terminate, suspend and/or modify the Sweepstakes at any time, in its sole discretion, if the Sweepstakes is not capable of completion as planned, including without limitation, the lack of Entry submissions, incomplete Entries, computer viruses, bugs, tampering, unauthorized intervention or technical failures of any sort, without notice. Without limiting the foregoing, Sponsor may lock out any Entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. Upon cancellation or termination of the Sweepstakes for any reason, Sponsor shall have no obligation to award prizes or compensation of any kind.
By submitting an Entry and participating in the Sweepstakes, you represent and warrant that (i) your Entry is original and that you are the sole and exclusive owner and rights holder of the submitted Entry, or you have obtained the necessary permission to include the Entry in the Sweepstakes, and that you have the right and authority to submit the Entry in the Sweepstakes; (ii) your Entry does not violate any third party intellectual property or proprietary rights; and (iii) you are otherwise not in violation of any applicable laws, rules and/or regulations.
By submitting an Entry and participating in the Sweepstakes, you agree and hereby grant Sponsor and its parent, subsidiaries, affiliates, agents, employees, successors and/or related entities (collectively herein “Sponsor Entities”) an absolute unrestricted, non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license and permission to use, store, copy, modify, publish, distribute, copyright, broadcast, display, combine with other materials, edit, alter and/or reproduce your Entry, including but not limited to your name, handle, likeness, voice, image, video, story and photos (“User Content”), for any purpose, including but not limited to promotional, marketing, media, editorial, commercial, advertising, and sale of JustFab’s products and/or publicity purposes, in any form of media anywhere in the world, including but not limited to its webpages, social media platforms, third party websites or materials, digital and physical owned channels and any and all mediums, without geographic or time limitation or further payment, compensation, notice or approval to you, except where prohibited by law. You also agree to participate in any marketing, media, editorial, commercial, advertising, promotional and/or publicity activity related to the Sweepstakes. You agree to provide affidavits to Sponsor Entities upon request for the purpose of complying with legal and/or broadcaster requirements concerning eligibility or the use of designs and/or testimonials in advertising.
10. Disputes/Choice of Law: Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the awarding of the Prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in the State of California, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees, and (3) no punitive, incidental, special, consequential or other damages, including without limitations, lost profits, may be awarded (collectively, “Special Damages”), and (4) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California Law, without reference to choice of law rules, governs the Sweepstakes and all aspects related thereto.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRANT HEREBY AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND EACH OF ITS RESPECTIVE PARENT, AFFILIATES, AND SUBSIDIARIES AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE SWEEPSTAKES, PARTICIPATION IN THE SWEEPSTAKES, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT.
ENTRANT FURTHER HEREBY AGREES TO RELEASE, DISCHARGE, INDEMNIFY, DEFEND, AND HOLD HARMLESS SPONSOR FROM AND AGAINST, AND COVENANT NOT TO SUE FOR, ANY CLAIMS, ACTIONS, LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS FOR DEFAMATION OR INFRINGEMENT OF PUBLICITY, PRIVACY OR “MORAL” RIGHTS ARISING FROM OR IN CONNECTION WITH THE DISTRIBUTION, DISPLAY AND/OR USE OF THE USER CONTENT, OR ARISING OUT OF OR RELTED TO ANY BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES.
In no event shall Sponsor be liable to a Winner or Entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Sweepstakes, or any aspect of Winner’s or Entrant’s participation in or termination from the Sweepstakes as provided herein, even if Sponsor has been advised of the possibility of such damages. In no event shall Sponsor be liable to a Winner or Entrant for any amount with respect to Winner’s or Entrant’s participation in or disqualification from the Sweepstakes, or from the termination or cancellation of the Sweepstakes. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Sweepstakes are hereby excluded, and you expressly waive any and all such rights.
12. Liability: Entrant agrees that Sponsor and each of its respective parent, affiliates and subsidiaries and all its advertising and Sweepstakes agencies, as well as Instagram, Inc. (the “Released Parties”), will have no liability whatsoever in connection with this Sweepstakes. By entering the Sweepstakes, Entrant explicitly releases, discharges and holds harmless the Released Parties, and each of their successors and assigns and all their respective shareholders, directors, officers and employees, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys’ fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Sweepstakes and the acceptance and use or misuse of the Prize. The Released Parties are not responsible for any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of the Prize.
14. INSTAGRAM DISCLOSURE: You are providing your information to Sponsor and not to Instagram, Inc. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc. By participating, you hereby release and hold harmless Instagram, Inc. from any and all liability associated with this Sweepstakes.