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© 2018 Fanology LLC  

Flow Holiday Makeover Giveaway Sweepstakes

Official Rules

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not improve your chances of winning. VOID WHERE PROHIBITED. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. By participating in this Sweepstakes you agree to a complete release of Instagram from any claims.

 

The Flow Holiday Makeover Giveaway Sweepstakes (“Sweepstakes”) will begin on December 21, 2018 at 9:00 AM PT and end on December 25, 2018 at 11:59 PM PT (“Sweepstakes Period”). All times in the Sweepstakes refer to Pacific Time. Odds of winning depend upon the number of eligible Entries (defined below) received. Sweepstakes is subject to all applicable federal, state, local and municipal laws.

 

ELIGIBILITY: The Sweepstakes is open only to Canadian residents (excluding Quebec) and residents of the fifty (50) United States and the District of Columbia who are the age of majority or older in their province or state of residence (18 for all states, except 19 in AL and NE and 21 in MS) as of the start of the Sweepstakes Period (each, an “Entrant”). Officers, directors, and employees of Flow Beauty Care, Inc. (hereinafter “Sponsor”), FANOLOGY, LLC (hereinafter, “Administrator”), and each of their respective parent companies, subsidiaries, affiliated companies, divisions, advertising and promotion, fulfillment and/or judging agencies (such entities, hereinafter collectively referred to as “Released Entities”) and such employees’ immediate family members and household members (whether or not related), are not eligible to enter or win. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. “Household members” shall mean people who share the same residence at least three months a year.

 

HOW TO ENTER: There is one (1) method of entry. During the Sweepstakes Period, (i) follow the @flowhaircare account on Instagram; (ii) tag one (1) friend (“Friend”) with an active Instagram account in the comment thread of the Sweepstakes announcement post dated December 21, 2018 to receive one (1) entry into the Sweepstakes (the “Entry”). Limit one (1) Entry per person during the Sweepstakes Period regardless of whether Entrant has more than one (1) Instagram account. If you do not have an account on Instagram, you must create one by following instructions on www.Instagram.com. Creating an account is free. You must have a public Instagram account to enter (with your account privacy settings set to “Off”). All Entries must be complete and received before the end of the Sweepstakes Period to be eligible for the prize drawing. No automatic Entries permitted. Administrator’s computer shall be the official timekeeper for all matters related to this Sweepstakes. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, Instagram accounts, registrations and logins, or any other methods, including but not limited to, automated entry, will void that Entrant’s Entries and that Entrant may be disqualified from the Sweepstakes. Multiple Entrants are not permitted to share the same Instagram account or associated e-mail address. Released Entities will not verify receipt of Entries for Entrants. All Entries submitted become the sole property of Sponsor and will not be acknowledged or returned. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, or defamatory, includes any trademarks or logos (other than Sponsor-owned), violates the proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, is otherwise objectionable, or in any way is incomplete, indecipherable, or otherwise not in full compliance with these Official Rules, will not be accepted and may be disqualified.  Entrants and winner acknowledge and agree that that Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries (or excerpts of Entries) in any way it sees fit. By entering, you agree to waive any rights you may have to the Entry submitted.

 

WINNER SELECTION AND NOTIFICATION: On or about December 26, 2018, five (5) winners (“Potential Winner”) will be selected in a random drawing by Administrator from among all eligible Entries received during the Sweepstakes Period. Administrator will make one (1) attempt to notify Potential Winners via Instagram Direct Message. Potential Winners must respond to this message from Administrator within 48 hours to confirm eligibility. Potential Winners must also provide a valid contact telephone number and then correctly answer a time-limited mathematical skill-testing question to be administered by telephone. Noncompliance within this time period will result in disqualification, and, at Sponsor’s sole discretion an alternate Potential Winner will be selected from the remaining eligible Entries. If any Potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if prize or prize notification is returned as undeliverable, Potential Winner will be disqualified and an Alternate Prize Winner will be selected from among the remaining eligible Entries.

 

PRIZE: Five (5) winners (“Prize Winner”) and five (5) Friends will receive a Flow hair care package (“Prize”) which includes the following products:

  • aquaOASIS cleanse

  • aquaOASIS conditioner

  • InstantINTENSITY 30 second Treatment

  • h5 concentrate serum

  • Root Reboot

  • Zero Friction

  • Radiant Armor

  • Smoothing Balm

  • Boundless body

  • Touchable Texture

  • Flex Hairspray

  • Fast Dry Hairspray

Approximate retail value (“ARV”) of each Prize is $532.00 U.S. Dollars. Total ARV of all prizes is $2,660 U.S. dollars.

 

PRIZE CONDITIONS: Sponsor will determine all details of Prize in its sole discretion. Sponsor reserves the right to substitute a similar Prize of comparable or greater value at its sole discretion. Prize will be sent to Prize Winners via a trackable courier delivery service and will be sent within thirty (30) days of Sponsor’s receipt of required documents, as stated herein. Prize cannot be transferred, substituted or redeemed for cash by Prize Winner. Prize Winner will be required to sign an Affidavit of Eligibility and Release and return to Sponsor within five (5) days of notification that he/she is the Prize Winner. Prize Winner is solely responsible for all applicable federal, state, and local taxes associated with the receipt of Prize. Any other costs, fees, and expenses not explicitly stated herein, are the sole responsibility of the Prize Winner. If required by law, the potential winner will be issued a 1099 tax form for the actual value of the respective prize and will be required to sign and return to Sponsor within five (5) days of receipt in order to claim his/her prize (if applicable). The Prize Winner’s Entry in the Sweepstakes and acceptance of the Prize offered constitutes permission (except where prohibited) for the Sponsor to use said Prize Winner’s name, Instagram handle, Entry, photograph, likeness, statements, biographical information, and voice and address (city and state) in all forms of media, in perpetuity, without notice, further permission, or compensation.

 

GENERAL: Although subsequent attempts to enter on a given day may be received, only the first complete Entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate Instagram account, will be disqualified.

Participating Entrants agree to these Official Rules and the decisions of the Sponsor and the Administrator and release Released Entities from all claims and liability relating to their participation in the Sweepstakes, and the acceptance and use/misuse of the Prize offered.  Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the Prize, and acknowledges and agrees that Sponsor and the other Released Entities have neither made nor are responsible or liable for any warranty, representation, or guarantee, expressed or implied, oral or written, in fact or in law, relative to the Prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Prize.

In the event of a dispute over the identity of an Entrant, Entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address associated with the Instagram account at time of Entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any Entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the email address associated with the Instagram account associated with the Entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Entities are not responsible for: (i) misdirected Entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these Official Rules, including all eligibility requirements; and (ii) agree to be bound by the decisions of Sponsor and Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes  any person it finds to be tampering with the entry process or the operation of the Sweepstakes or has intentionally violated these Official Rules or has been acting in an unsportsmanlike or disruptive manner; (ii) cancel the Sweepstakes if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes); and (iii) discontinue Sweepstakes if there is evidence of hacking, a security breach, or the like. If, for any reason, this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor or Administrator which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible Entries received at the time of the Sweepstakes termination and to select winner from among all eligible Entries received prior to cancellation.

 

DISPUTES: THE SWEEPSTAKES IS GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES COUNTY.  IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. ("JAMS") IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES").  THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA.  ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LOS ANGELES, CALIFORNIA.  THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS' FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

 

USE OF INFORMATION: By entering the Sweepstakes, Entrant understands that information is being collected by Administrator. By entering the Sweepstakes, you grant Administrator permission to correspond with you via Instagram and e-mail regarding the Sweepstakes and to share your Instagram Profile and any other personally identifiable information with the corresponding Released Entities solely for the purpose of Sweepstakes administration, communication and fulfillment. Administrator will not sell, rent, transfer or otherwise disclose your personally identifiable information to any third party other than the corresponding Released Entities as described herein. To reference Administrator’s official Privacy Policy, please visit: http://www.teamfanology.com/privacy-policy.

 

WINNER ANNOUNCEMENT: For the Prize Winners’ first names and last initials, available after January 7, 2019 send a self-addressed, stamped envelope, via US mail addressed to: Flow Holiday Makeover Giveaway Winner Request / 5855 Green Valley Circle, Suite 202 / Culver City, CA 90230. Requests must be received by February 7, 2019.

 

SPONSOR: Flow Beauty Care, Inc. 4801 W 147th St HAWTHORNE CA 90250 USA

 

NATURE OF SPONSOR’S BUSINESS: Hair Care

 

© 2018 Fanology, LLC, 5855 Green Valley Circle Suite 202, Culver City, CA 90230