Bubble Beauty Locker Giveaway Contest T&C

NO PURCHASE, PAYMENT, OR CONSIDERATION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE, PAYMENT, OR GIVING OF CONSIDERATION OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

ENTER VIA EMAIL AT: love@hellobubble.com (the “Sweepstakes Entry Email Address”).

EMAIL ACCOUNT AND INTERNET CONNECTION REQUIRED. BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES (the “OFFICIAL RULES”), WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

ENTRIES AND WINNERS ARE LIMITED TO ONE PER HOUSEHOLD.  ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED BY SPONSOR.

1. Eligibility. The Bubble Beauty Locker Giveaway Sweepstakes (the “Sweepstakes”) is open only to individuals (not groups) who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia with the exception of the State of Rhode Island, and who are at least eighteen (18) years of age at the time of entry.  Residents of the State of Rhode Island are not eligible to enter the Sweepstakes or win a prize.  Employees, officers and directors of Bubble Beauty Inc. (“Sponsor”), and its affiliates, subsidiaries, advertising and promotion agencies, other prize suppliers, and any and all other companies associated with the Sweepstakes (collectively, the “Sweepstakes Entities”), and each of such Sweepstakes Entities' employees, officers and directors, and each of their immediate family members and/or those living in the same household (whether legally related or not), are not eligible to enter the Sweepstakes or win a prize. Void where prohibited by law. By participating in the Sweepstakes, 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.
   
   
2. Entry Period. The Sweepstakes begins on or about 3:00 p.m. Eastern Time (ET) on September 13, 2024 and all entries must be received on or before 12:00 p.m. ET on September 20, 2024 (the “Entry Period”). 
   
   

3. How to Enter. There are two (2) methods of entry for this Sweepstakes, with total entries limited to one (1) per household:
   
   a. Any person eligible for the Sweepstakes with accounts on the social media platforms Instagram and TikTok may enter the Sweepstakes by: [1] following Sponsor’s official Instagram and TikTok social media pages, each identified by the handle @bubble (https://www.instagram.com/bubble/; https://www.tiktok.com/@bubble), with their accounts on those platforms, [2] tagging another persons’s Instagram account within Sponsor’s comments on its official Instagram @bubble social media page, [3] tagging another persons’s TikTok account within Sponsor’s comments on its official TikTok @bubble social media page, [4] sharing a “secret” within Sponsor’s comments on its official Instagram @bubble social media page, and [5] sharing a “secret” within Sponsor’s comments on its official TikTok @bubble social media page.
   
   b. Any person eligible for the Sweepstakes may send an email to the Sweepstakes Entry Email Address, love@hellobubble.com, to submit an entry to the Sweepstakes. In order for such entry to be valid, the email should state in the subject line “BUBBLE LOCKER GIVEAWAY ENTRY”, and the email must contain at least the following information to enter: email address, first name, last name, age, and mailing address (with postal/zip code).  SELECTION OF THIS OPTION IS NOT REQUIRED FOR SWEEPSTAKES ENTRY AND DOES NOT IMPROVE CHANCES OF WINNING.

4. Representations, Warranties and Indemnity. Each entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants agree to indemnify and hold the Released Parties (defined below) harmless from and against any third-party claim, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Sweepstakes activities.
   
   

5. Selection of Winners and Prize Claiming. There will be three (3) Prize winners selected in this Sweepstakes.  Winners are limited to one per household. The winners will be selected through a random drawing on or about September 20, 2022. All potential winners will be contacted by Sponsor, either via direct message on the TikTok or Instagram social media platform if the winner is selected from an entry made by the mode of entry set forth at Paragraph 3[a] above, or via email to the email address provided at entry if the winner is selected from an entry made by the mode of entry set forth at Paragraph 3[b] above, within a commercially reasonable time after the drawing. Notification is deemed to have occurred immediately upon the message sent. Following notification, potential winners must provide Sponsor with first name, last name, age, and mailing address (with postal/zip code) to where the prize should be shipped in order to be eligible to receive a prize. The Sweepstakes Entities are not responsible for failure of a potential winner to contact Sponsor after being notified that they are a potential winner. It is the responsibility of each entrant to set his or her account settings to accept contacts by Sponsor and to timely check his/her account for any messages. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of the random drawing process used to select the winner. Decisions of the Sponsor as to the selection of the winners will be final.

   If a potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot participate in any portion of the prize, 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 prizes. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor or otherwise ineligible.

   A winner’s prize will be shipping to eligible winners within a commercially reasonable timme following Sponsor’s selection of winners and receipt of winner’s first name, last name, age, and mailing address (with postal/zip code) for shipment of the prize.

6. Odds. Odds of winning the Sweepstakes vary, and will depend upon the total number of eligible entries received.
   
   

7. Prizes and Values. The Prize winners of this Sweepstakes will each receive a locker containing a full set of Bubble Beauty brand skincare products and a sheet of stickers, with an approximate retail value of $555 US Dollars.  Sponsor is not responsible for and a winner will not receive the difference, in any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Prizes 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/her prizes, the Sponsor may elect, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prizes 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 winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The ARV of the prizes 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. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. No more than the stated number of prizes will be awarded.

   The total ARV of the Prize awarded to each winner in this Sweepstakes is: $555 US Dollars.  The total ARV of all prizes awarded to winners in this Sweepstakes is $1,665 US Dollars.

8. Publicity Release. Subject to applicable law and except where prohibited by law, all winners irrevocably grant to the Sweepstakes 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 Sweepstakes, 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 or consideration except for the awarding of the prizes to the winners. Entrants agree not to issue any publicity concerning the Sweepstakes Entities. 

9. Tampering with Sweepstakes. The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, 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 sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES 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. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on the Sweepstakes Entry Website.
   
   

10. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, 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 Sweepstakes 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 Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.

11. Waivers, Disclaimers and Releases. By participating in the Sweepstakes, submitting an entry, and/or accepting a prize, each entrant agrees to [a] be bound by these Official Rules, including but not limited to all Entry requirements and [b] waive, release, discharge and hold harmless the Sweepstakes Entities, any and all social media platforms on which the Sweepstates is marketed or promoted, including but not limited to Instagram and TikTok (collectively, “Social Media Platforms”) and each of the Sweepstakes Entities’ and Social Media Plaforms’ respective directors, officers, employees, agents, successors and assigns (collectively, the “Released Parties”), from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to the receipt and/or use of any prize (including, without limitation, losses, damages or injuries to entrants or any other persons’ equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, entrants agree that the Released Parties: (a) 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 Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Sweepstakes; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. 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 Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participants’ (or any third persons’) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements or other material and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the 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 Supplier that may be sent along with a prize. Sponsor is not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: 

    “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 

    The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

12. Entry Information and Sweepstakes Communications. As a condition of entering the Sweepstakes, 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 Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winners list.  Information collected by Sponsor in connection with the Sweepstakes.will be used in accordance with Sponsor’s Privacy Policy (https://hellobubble.com/policies/privacy-policy) and these Official Rules.  Sponsor’s Privacy Policy is incorporated by reference herein.  In the event of any discrepancy between Sponsor’s Privacy Policy and these Official Rules, Sponsor’s Privacy Policy shall control and govern.
    
    

13. 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 Sweepstakes will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws.

    BY ENTERING THE SWEEPSTAKES, 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 SWEEPSTAKES, 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.

14. List of Sweepstakes Winners/Official Rules Requests. To receive the names of the winners, send a stamped self-addressed envelope, prior to October 20, 2024 to: “Bubble Beauty Locker Giveaway Sweepstakes Winners List”, c/o Bubble Beauty Inc., 711 3rd Avenue, New York, NY, 10017. Please indicate which sweepstakes winners list you are requesting by referencing the name of the sweepstakes in your request. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Sweepstakes Official Rules”, c/o Bubble Beauty Inc., 711 3rd Avenue, New York, NY, 10017, prior to the end of the Entry Period. Please indicate which sweepstakes Official Rules you are requesting by referencing the name of the sweepstakes in your request. Vermont residents may omit return postage with Official Rules requests.
    
    

15. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on and website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

16. Sponsor. This Sweepstakes is sponsored by Bubble Beauty Inc., 711 3rd Avenue, New York, NY, 10017. 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 Sweepstakes.  The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with, any of the Social Media Platforms, and any reference to the Sweepstakes on Social Media Platforms is not intended to suggest endorsement, administration, sponsorship or affiliation of any of such Social Media Platforms with Sponsor or the Sweepstakes.