WELEDA’S SWEEPSTAKES PROMOTION OVERVIEW: Weleda, Inc., located at 1 Bridge St., Suite 42, Irvington, New York 10533 (“Weleda” or “Sponsor”) and Kusshi ("Kusshi" or "Sponsor") are sponsoring a Pampering On-The-Go Sweepstakes (the “Sweepstakes”), in which Weleda will pick two (2) winners (individually a “Winner” and collectively, the “Winners”). The winners will be selected in a random drawing among all eligible entries received by participants (each, a “Participant” and collectively, the “Participants”). By participating in the Sweepstakes, each Participant fully and unconditionally agrees to and accepts these official rules (“Official Rules”) and the decisions of Weleda and Kusshi, which are final and binding in all matters related to the Sweepstakes. Eligibility for a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
TIMING: The Sweepstakes begins at 12:00 A.M. Eastern Time on February 6, 2022 and ends at 12:00 A.M. Pacific Time on February 9, 2022 (“Sweepstakes Duration”).
ELIGIBILITY: The Sweepstakes is only open to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older at time of entry. Void in Puerto Rico and where prohibited by law. Employees of Weleda, its parents, affiliates and subsidiaries, participating advertising and promotion agencies, independent judging organizations, and prize suppliers (and members of their immediate family and/or those living in the same household of each such employee) are not eligible.
HOW TO ENTER: Weleda and Kusshi will be making publicly-available Instagram posts advertising the Sweepstakes on February 6, 2023 (the “Social Media Posts”). To enter for a chance to win, a Participant must either follow both @Weleda_USA and @KusshiBags Instagram accounts and “tag a friend” in one of the Social Media Posts, or a Participant must visit https://www.weleda.com/sweepstakes (the “Sweepstakes Page”) on a computer or mobile device and fill out the applicable entry form (including the provision of Participant’s individual and valid email address). Entrants must follow both accounts and tag a friend in one of the Social Media Posts in order to be considered a Participant. Chances or odds of winning are based on the total number of Participants and the total number of Sweepstakes entries by each Participant (with a maximum of two (2) entries per Participant - one (1) entry for following both Instagram accounts and tagging a friend in at least one of the Social Media Posts (the “Social Media Entry”), and one (1) entry for filling out the entry form on the Sweepstakes Page (the “Form Entry”)). No purchase of any kind is necessary to enter or win, and purchase and payment of any kind will not increase a Participant’s chances of winning.
WINNER SELECTION: Weleda will randomly select two (2) Winners by 9 a.m. Eastern Time on February 10, 2023 after the conclusion of the Sweepstakes Duration. Weleda’s social media team will notify the selected one (1) Winner from the Social Media Post by sending an Instagram direct message notification (the “Notification”) to the Instagram account used by such Winner in their Social Media Entry. Weleda's email marketing team will notify the other one (1) selected Winner from the Form Entry via email notification (the "Notification") to the email address provided by such Winner in their Form Entry. In the event a Winner doesn't respond to the Notification or does not accept the Prize within five (5) business days of notification, such Winner’s Prize will be deemed forfeited and an alternate Winner will be selected and sent a Notification. In the event that any one or more potential Winners fails to respond as stated above, declines the Prize, or fails to provide signed affidavits or releases (if requested by Weleda), such Winner(s) will be deemed to forfeit their Prize and Weleda will select an alternate Winner(s) from the remaining eligible Participants, and send such alternate Winner(s) a Notification. Weleda will use a reasonable number of attempts, in its sole discretion, to award the Prize(s) to alternate(s), but if it is unable to do so, the Prize(s) will be finally forfeited and Weleda shall have no further liability in connection with this Sweepstakes.
PRIZES & APPROXIMATE RETAIL VALUE: Each Winner will receive a gift, or equivalent valued Weleda and Kusshi product(s) as selected by Weleda and Kusshi (“Prize”). Prize is the following: Kusshi Signature Makeup Bag in Satin Black / Emerald Green (with an approximate value of $69.00), Kusshi Pocket Organizer (with an approximate value of $39.00), Weleda Skin Food Face Nourishing Oil-to-Milk Cleanser (with an approximate value of $19.99), Weleda Skin Food Face Nourishing Day Cream (with an approximate value of $24.99), Weleda Skin Food Face Nourishing Day Cream (with an approximate value of $24.99), Weleda Skin Food Original Ultra-Rich Cream (with an approximate value of $19.99), and Weleda Skin Food Lip Butter (with an approximate value of $7.49).
ENTRIES: Each Participant will only be allowed to submit one (1) Social Media Entry by tagging a friend in one of the Social Media Posts and following both the Sponsors accounts. Each Participant will only be allowed to submit one (1) Form Entry by filling out the Sweepstakes form available at the Sweepstakes Page. Multiple Form Entries from the same person and/or email account will be disqualified. Proof of submission does not constitute proof of receipt for each Form Entry. If applicable, inaccurate, lost, late, misdirected or incomplete entries, or entries that have been tampered with will be disqualified. Participants must provide a valid Instagram account for their Social Media Entry, and it is each Participant’s responsibility to update Weleda of any change in their Instagram account. Participants must provide a valid email addess for their Form Entry, and it is each Participant’s responsibility to update Weleda of any change in their email address. Each Prize will be awarded to the Authorized Account Holder of the Instagram account and the Authorized Account Holder of email address selected as the Winner. The "Authorized Account Holder" is defined as the natural person to whom the Instagram account or email address belongs.
CONDITIONS OF PARTICIPATION: Each Winner is responsible for all federal, state and local taxes (if applicable), and any other costs associated with such Winner’s Prize. Each Prize is awarded "as is" with no warranty or guarantee, either express or implied outside of manufacturer's limited warranty. No transfer, assignment or substitution of the Prize is permitted, except Weleda and Kusshi reserve the right to substitute the Prize for an item of equal or greater value in the event the Prize is unavailable. Each Winner is required to comply with any and all applicable federal, state, and local laws, rules and regulations. Weleda and Kusshi reserve the right to cancel, suspend, or modify the Sweepstakes, if necessary, due to any technical problems, interruptions in service, computer bugs and viruses. Weleda and Kusshi shall have no responsibility or obligation to the Winner(s) or potential Winner(s) who are unable or unavailable to accept or utilize the Prizes as described herein. Participants agree to be bound by the terms of these Official Rules and by the decisions of Weleda and Kusshi. These Official Rules are final and binding on all matters pertaining to this Sweepstakes. Each Winner may be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible, a Publicity Release within seven (7) days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the Prize and selection of an alternate Winner. Return of any Prize may result in disqualification and selection of an alternate Winner. Acceptance of a Prize by a Winner constitutes permission for Weleda, Kusshi and any affiliates and subsidiaries, and participating advertising and promotion agencies to use Winner's name and/or likeness and biographical material for editorial, advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting a Prize, each Winner agrees to hold Weleda, Kusshi, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Sweepstakes or acceptance or use of the Prize. Weleda and Kusshi are not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Sweepstakes, or in the announcement of the Prize.
INTERNET/MOBILE: Weleda and Kusshi are not responsible for electronic transmission errors resulting in 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 or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Weleda, Kusshi or presenter on account of technical problems or traffic congestion on the Internet, at any Web site, or via the mobile phone or any combination thereof. If, for any reason the Internet or mobile phone portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Weleda and Kusshi reserves the right at their discretion to cancel, terminate, modify or suspend the Sweepstakes. Weleda and Kusshi reserve the right to disqualify any individual who tampers with the entry process. Weleda may prohibit an entrant from participating in the Sweepstakes if it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a Participant to deliberately damage any Web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Weleda and Kusshi reserve the right to seek damages from any such Participant to the fullest extent of the law.
Weleda reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Weleda – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Sweepstakes, (ii) for the purposes of verifying the eligibility and/or legitimacy of any information entered (or purportedly entered) for the purposes of this Sweepstakes, and/or (iii) for any other reason Weleda deems necessary, in its sole and absolute discretion, for the purposes of administering this Sweepstakes in accordance with Weleda’s interpretation of the letter and spirit of these Official Rules. Failure to provide such proof to the complete satisfaction of Weleda within the timeline specified by Weleda may result in disqualification in the sole and absolute discretion of Weleda. The sole determinant of the time for the purposes of this Sweepstakes will be the official time-keeping device(s) used by Weleda.
PRIVACY: By entering the Sweepstakes and providing the required entry information, each Participant acknowledges that they will be providing such Participant’s personal information, including, but not limited to, Participant’s first/last name, likeness, email address, or other identifying information (“Personal Information”). Personal Information collected from Participants are subject to Weleda’s Privacy Policy, which can be found at https://www.weleda.com/legal/privacy-policy and Kusshi’s Privacy Policy, which can be found at https://www.kusshi.com/pages/privacy-policy. Each Participant acknowledges that Weleda and Kusshi may use this Personal Information to send further information, samples or special offers it believes may be of interest to Participant, or other information or goods offered by its marketing partners. Notwithstanding the foregoing, Weleda will not send such additional information to Participants in the form of commercial electronic messages absent their express or implied consent as required by applicable law.
CHOICE OF LAW: This Sweepstakes shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. The remedy for any claim shall be limited to actual damages of the Prize, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. The failure or delay by Weleda or Kusshi in enforcing any particular clause, provision, or aspect of these Official Rules shall not impact the validity, enforceability, or effect of any other clause, provision, or aspect of these Official Rules.
DISPUTES: Weleda and Kusshi are committed to resolving all disputes in a fair, effective and cost-efficient manner. This Agreement provides that any dispute, controversy, or claim relating in any way to the Official Rules, the Sweepstakes, or the results of the Sweepstakes will be resolved by binding arbitration, rather than in court, except that Weleda, Kusshi and Participants may bring suit in court to enjoin infringement or other misuse of intellectual property rights. ALL PARTICIPANTS AGREE THAT S/HE/THEY ARE WAIVING HER/HIS/THEIR RIGHTS TO BRING ANY POTENTIAL CLAIM relating in any way to the Official Rules, the Sweepstakes, or the results of the Sweepstakes IN COURT. The arbitration agreement, which is set forth below, has been designed to make arbitration as convenient and inexpensive as possible.
ARBITRATION AGREEMENT: Weleda, Kusshi and Participants agree to arbitrate all disputes and claims between us before a single arbitrator, and the Participants further agree to arbitrate all disputes and claims against the Influencers related to this Sweepstakes before a single arbitrator. For purposes of this Arbitration Agreement, references to Weleda and Kusshi includes Weleda’s and Kusshi’s respective subsidiaries, parent companies, affiliates, agents, employees, predecessors in interest, successors and assigns. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court, and must follow the Agreement and Official Rules as a court would.
Weleda, Kusshi and Participants each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Weleda, Spade to Fork and Participants each waive any right to a jury trial.
A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Weleda should be addressed: Notice of Dispute, Weleda North America, 1 Bridge St Suite 42, Irvington, NY 10533. The Notice should describe the claim or dispute and set forth the specific relief sought. If Weleda and Participants do not reach an agreement to resolve the claim within 30 days after the Notice is received by the Participant or Weleda, Weleda or Participant may commence an arbitration proceeding.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Commercial Arbitration Rules. Weleda, Kusshi and Participants may download or copy a form to initiate arbitration from the AAA website (http://adr.org) under the "Forms" tab. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Weleda, Kusshi and Participants agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Weleda or Kusshi. Weleda, Kusshi and Participants agree that in any arbitration of a dispute or claim, neither Weleda and Kusshi nor Participants will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Weleda, Kusshi and Participants were a party.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
OFFICIAL RULES AND LIST OF WINNER(S) REQUEST: For a copy of the Official Rules, send a separate self-addressed, stamped envelope to Weleda, Inc., 1 Bridge St., Suite 42, Irvington, New York 10533 within two (2) business days after the close of the Sweepstakes Duration as specified above.
