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SOCIAL GIVEAWAY RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT IMPROVE ODDS OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
WELEDA’S NOVEMBER INFLUENCER BUNDLE GIVEAWAY OVERVIEW:
Weleda, Inc., located at 1 Bridge St., Suite 42, Irvington, New York 10533 (“Weleda” or “Sponsor”) is the sole sponsor of four (4) November product giveaway sweepstakes (each, a “Giveaway”), each of which is governed by the rules and conditions contained herein (the “Official Rules”). Each Giveaway will be run by a Weleda-affiliated social media influencer (each, an “Influencer Partner”) and Weleda will provide the applicable product bundle prize (each bundle, a “Prize”). Instagram is not affiliated with Weleda or a sponsor of these Giveaways.
Each Giveaway 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. By participating in a Giveaway, each entrant (a “Participant”) fully and unconditionally agrees to and accepts these Official Rules and the decisions of each applicable Influencer Partner, which are final and binding in all matters related to the applicable Giveaway. Eligibility for the relevant Prize is contingent upon fulfilling all requirements set forth herein. EACH GIVEAWAY IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations. Employees of Weleda, its parents, affiliates and subsidiaries (and members of their immediate family and/or those living in the same household of each such party mentioned above) are not eligible to participate.
Each Giveaway begins when the applicable Influencer Partner makes their initial social media post (the “Initial Post”) announcing the Giveaway being run by them, and ends at 12 A.M. Eastern Time on the seventh day following the applicable Initial Post (the “Termination Date”, and the entire period, the “Giveaway Duration”).
HOW TO PARTICIPATE:
During the applicable Giveaway Duration, eligible individuals may enter for a chance to win a Prize by commenting on an Influencer Partner’s Initial Post, according to the instructions and guidelines contained in such Initial Post. Chances or odds of winning are based on the total number of Participants for each Giveaway. No purchase is necessary to enter or win and purchase and payment of any kind will not increase a Participant’s chances of winning any Giveaway.
Limit one (1) entry per person for each Giveaway. Multiple entries from the same person will be disqualified. Entries become the property of Weleda and will not be returned. Proof of submission does not constitute proof of receipt. If applicable, inaccurate, lost, late, misdirected or incomplete entry or entries that have been tampered with will be disqualified. Online entrants must have a valid Instagram account and it is entrant's responsibility to update the applicable Influencer Partner of any change of account information. If there is a dispute as to the identity of an online entrant, the Prize will be awarded to the authorized account holder of the Instagram account. The "authorized account holder" is defined as the natural person to whom the Instagram account is assigned.
There will be one (1) winner (each, a “Winner”) for each of the four (4) Giveaways (for a total of four (4) winners). Each winner will be chosen from all entries received for that Giveaway, and such Winner will be selected by the applicable Influencer Partner within two weeks of the end of the applicable Giveaway Duration. Each Influencer Partner will contact and notify the applicable winner by sending an Instagram Direct Message to the Instagram account which submitted an entry. In the event the winner doesn't respond to the notification or does not accept the Prize within seven (5) business days of notification, the Prize will be deemed forfeited and an alternate winner will be selected. In the event that any one or more potential winner fails to respond as stated above, declines the Prize, or fails to provide signed affidavits or releases (if necessary), such winner will be deemed to forfeit the Prize and the Influencer Partner will select an alternate winner from the remaining eligible Participants. However, the Influencer Partner will use a reasonable number of attempts, in his/her/their sole discretion, to award the Prize to another alternate but if it is unable to do so, the Prize will be finally forfeited and Weleda shall have no further liability in connection with the applicable Giveaway.
The winner of a Giveaway will receive a Weleda product bundle created by the applicable Influencer Partner, as outlined below:
Katey Denno: Skin Food Original, Unscented Body Lotion, Sheer Hydration Mist, Awakening Oil
Jessica Smalls: Skin Food Original, Skin Food Light, Unscented Body Lotion, Hydrating Lotion
Jo Baker: Arnica Muscle Soak, Sensitive Care Facial Lotion, Refining Toner, Sheer Hydration Moisture Mist
Pati Dubroff: Arnica Muscle Soak, Wild Rose 24hr Spray Deodorant, Skin Food Lip Butter, Sheer Hydration Moisture Mist
CONDITIONS OF PARTICIPATION: Winners are responsible for all federal, state and local taxes (if applicable), and any other costs associated with the 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 shall be permitted, except Weleda reserves the right to substitute the Prize for an item of equal or greater value in the event the Prize is unavailable. The Winner is required to comply with any and all applicable federal, state, and local laws, rules and regulations. Weleda reserves the right to cancel, suspend, or modify the promotion, if necessary, due to any technical problems, interruptions in service, computer bugs and viruses. Weleda shall have no responsibility or obligation to any Winner or potential Winner who is unable or unavailable to accept or utilize the Prize as described herein. Participants agree to be bound by the terms of these Official Rules and by the decisions of Weleda and the applicable Influencer Partner. These Official Rules are final and binding on all matters pertaining to each Giveaway. 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 that such Participant is a Winner. 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 the Prize by Winner constitutes the grant of a non-exclusive, royalty-free, indefinite license for Weleda and any of its affiliates, subsidiaries, 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 Prize, Winner agrees to hold Weleda, its advertising and promotion agencies, and each of 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 Giveaway or acceptance or use of the Prize. Weleda is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Giveaway or in the announcement of the Prize.
Weleda is 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 or presenter on account of technical problems or traffic congestion on the internet, at any website, 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 these Giveaways, Weleda reserves the right at its sole discretion to cancel, terminate, modify or suspend the applicable Giveaway. Weleda and each Influencer Partner reserves the right to select Winners from eligible entries received as of the Termination Date of the applicable Giveaway. Weleda and each Influencer Partner further reserves the right to disqualify any individual who tampers with the entry process. Weleda may prohibit an entrant from participating in the Giveaway if it determines that said entrant is attempting to undermine the legitimate operation of the Giveaway 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 website or undermine the legitimate operation of the Giveaway is a violation of criminal and civil laws and should such an attempt be made, Weleda reserves the right to seek damages from any such Participant to the fullest extent of the law.
Weleda and each Influencer Partner 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 the applicable Giveaway; (ii) for the purposes of verifying the eligibility and/or legitimacy of any information entered (or purportedly entered) for the purposes of the applicable Giveaway; and/or (iii) for any other reason Weleda deems necessary, in its sole and absolute discretion, for the purposes of administering the applicable Giveaway 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 the applicable Giveaway will be the official time-keeping device(s) used by the applicable Influencer Partner.
CHOICE OF LAW:
Each Giveaway 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 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.
Weleda is 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, any Giveaway, or the results of any Giveaway will be resolved by binding arbitration, rather than in court, except that Weleda 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, ANY GIVEAWAY, OR THE RESULTS OF ANY GIVEAWAY IN COURT. The arbitration agreement, which is set forth below, has been designed to make arbitration as convenient and inexpensive as possible.
Weleda and Participants agree to arbitrate all disputes and claims between us before a single arbitrator. For purposes of this Arbitration Agreement, references to Weleda includes Weleda’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 and each Participant agrees 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 and each Participant waives 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 to: Notice of Dispute, Weleda, Inc., 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 the applicable Participant do not reach an agreement to resolve the claim within 30 days after the Notice is received by such Participant or Weleda, Weleda or such 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 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 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. Weleda and Participants agree that in any arbitration of a dispute or claim, neither Weleda 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 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 the name(s) of the Winner(s) and/or a copy of the Official Rules, send a separate self-addressed, stamped envelope to Weleda, Inc., 1 Bridge St., Suite 42, Irvington, NY 10533 within two (2) days after the close of the applicable Giveaway Duration.