OFFICIAL RULES & CONSUMER DISCLOSURE
BUSY BEAUTY SWEEPSTAKES - AUGUST 12TH SWEEPS
NO PURCHASE NECESSARY – VOID WHERE PROHIBITED BY LAW
1. The Busy Beauty "Summer Survival Sweepstakes" - August 12th Sweeps (hereinafter “Sweepstakes”) is being run by Busy Beauty, Inc. (hereinafter “Busy Beauty”), with an address of 233 Harvard Street, Suite 30, Brookline, MA 02446, and a telephone number of 800-915-8057 and is sponsored by the following companies (collectively the “Sponsors”):
a. Busy Beauty Inc. - 233 Harvard Street, Suite 30, Brookline, MA 02446, www.busybeauty.com, 800-915-8057
b. Sundaily - 12 Eliot Street, STE 2L, Cambridge MA 02138, https://getsundaily.com/, 972-251-9775
c. Hero Cosmetics - 154 Grand St., New York, NY 10013, https://www.herocosmetics.us/, 347-669-0686
d. OWA Haircare Inc. - 319 Lafayette St. #150, New York, NY 10012, https://owahaircare.com/, 607-259-2662
e. Mother Dirt - 245 Main Street, Cambridge, MA 02142, https://motherdirt.com/, 617-800-9491
2. HOW TO ENTER: Between the day and time the Sweepstakes was announced (“Announcement Date”) and 11:59 PM PDT on August 19, 2019 (“End Date”), collectively known as the “Sweepstakes Period,” you can enter the Sweepstakes. Entries will be accepted online by filling out the entry form with your email address, cell phone number (optional), and zip code at https://busybeauty.com/pages/summer-sweepstakes or by mailing, with first-class postage affixed, a written entry on a 3x5 card to Busy Beauty, 233 Harvard Street, Suite 30, Brookline, MA 02446 with your name, email address or residential street address, telephone number (optional), and residential zip code. All mail-in entries must be handwritten, postmarked by the End Date, and received within three calendar days following the End Date. No mechanically reproduced entries are permitted. All entries must be submitted during the Sweepstakes Period, regardless of method of entry. Busy Beauty is not responsible for late, lost, incomplete, inaccurate, illegible, or misdirected entries or entries not received for any reason, and any such entries are void. All entries become property of Busy Beauty and will not be acknowledged or returned. Limit one entry per person. No purchase will increase any entrant’s chance of winning a Prize.
3. ELIGIBILITY: The Sweepstakes is open only to those legal residents of the United States of America who have reached the age of majority in their respective state of residence. The Sweepstakes excludes residents of Rhode Island and all United States Territories. Void where prohibited by law. Participation in the Sweepstakes constitutes full and unconditional agreement to these Official Rules. The following individuals are not eligible: (a) employees, officers, and directors of Busy Beauty or the Sponsors, including all respective parent companies, subsidiaries, affiliates, partners, advertisers, marketing and promotion agencies, manufacturers or distributors of promotion materials, and representatives (collectively, “Ineligible Busy Beauty Persons”); and (b) members of the immediate family (parents, children, siblings, or spouses) of any Ineligible Busy Beauty Person and/or those living in the same household as any Ineligible Busy Beauty Person, regardless of familial relationship or lack thereof. All federal, state and local laws and regulations apply. Entrants agree to be bound by the terms of these official rules and by the decisions of Busy Beauty, which are final and binding on all matters pertaining to this Sweepstakes. Entrants are prohibited from submitting an entry for a purpose other than entering the Sweepstakes for the entrant’s personal benefit. Prohibited purposes include, but are not limited to, engaging in competition with Busy Beauty and/or any of the Sponsors and luring emails to any fraud management tool such as a “spamtrap” or “honey pot.” If any entry or entrant is determined by Busy Beauty in its sole discretion to be non-compliant with these Official Rules, said entry or entrant shall be disqualified.
4. RANDOM DRAWING: On or around a date one week following the End Date, one random winner for all Prizes will be selected. To facilitate the selection of the winner, each entrant will be assigned a number and Busy Beauty will use an online random-number generator to select the winner of all the Prizes. Decisions of Busy Beauty and the results of the random selection process are final and binding in all respects. Winner will be notified by e-mail or another means at Busy Beauty’s discretion. If a winner does not respond to Busy Beauty’s notification within three days or is unwilling to or cannot accept the Prize, the Prize will be forfeited and an alternate winner may be selected from the Sweepstakes entrants. If an entrant is deemed ineligible, an alternate winner may be selected from the entry pool. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. At the sole discretion of Busy Beauty, disqualification, forfeiture, and the selection of an alternate winner may result from any of the following: (1) a winner’s failure to respond to winner notification within three days of transmission; (2) the return of a notification as undeliverable after one attempt; (3) a winner’s failure to provide Busy Beauty with satisfactory proof of age, identity, and residency within three days of initial winner notification; (4) a winner’s failure to execute and return an affidavit of Eligibility/Liability/Publicity Release and/or requested tax information and/or W9 within three days of its transmission; or (5) any other non-compliance with these Official Rules. Busy Beauty will attempt to notify each winner within one week of his or her selection as a winner, and the prize will be delivered within one week of acknowledgement of the notification, or at such time as the prize becomes available. All federal, state and local laws and regulations apply.
5. ODDS: Odds of winning a Prize depend on the number of eligible entries received, but can be calculated by dividing the number of prizes by the total number of entrants.
6. PRIZES and APPROXIMATE RETAIL VALUE: There will be 1 Prize awarded (“Prize” and/or “Prizes”), consisting of all the following:
a. $478 Prize Package from Busy Beauty; Cash/Retail Value: $478
b. $350 Prize Package from Sundaily; Cash/Retail Value: $350
c. $210 Prize Package from Mother Dirt; Cash/Retail Value: $210
d. $204 Prize Package from Hero Cosmetics; Cash/Retail Value: $204
e. $98 Prize Package from OWA Haircare; Cash/Retail Value: $98
7. ALL PRIZE CONDITIONS: No substitution or transfer of a Prize will be permitted, except that Busy Beauty reserves the right to substitute a Prize of equal or greater value if the advertised Prize is unavailable. Prize cannot be transferred by winner. No Prize can be redeemed for cash or can be used for a prior purchase. If a Prize element is not available for any reason, the remaining elements of the Prize shall constitute full satisfaction of Busy Beauty’s Prize obligation to winner, and no additional compensation will be awarded. Busy Beauty has no responsibility for cancellations, delays, or any other change by any company or person providing any element of the Prize due to reasons beyond Busy Beauty’s control, and is not responsible or liable for any expenses incurred as a consequence thereof. The Prize is awarded without warranty of any kind from Busy Beauty, express or implied, without limitation. Winners, and not Busy Beauty, shall be responsible for any and all taxes and/or duties as well as any other expenses not specifically included in the prize description. The Prize may be subject to terms imposed by the Sponsor or other Prize provider, including, but not limited to, prohibitions on selling the Prize, limiting the Prize’s for personal and not business use, and expiration dates. Busy Beauty may require Winners to sign an affidavit or declaration of eligibility. Busy Beauty may require Winner and/or anyone receiving a direct benefit from the Prize (including but not limited to any travel companion) to sign a liability release and/or publicity license. Except where otherwise stated herein, all Prizes will be delivered free of charge (or in the case of electronic vouchers – emailed) to winners using the information submitted via the entry form. Busy Beauty will not ask winners for money for shipping costs as a condition for receipt of a Prize. Busy Beauty may verify the information submitted by the winner during the contest. In the event that Busy Beauty does not receive sufficient eligible entries to award all of the Prizes, Busy Beauty has the right to cancel the Sweepstakes. Any entrant must have reached the age of majority (as determined by his or her state of residence) prior to entering the Sweepstakes in order to win. The Sweepstakes is not sponsored by and is in no way endorsed, administered by, or associated with any social media network on which notice of the Sweepstakes is posted, including, but not limited to, Facebook, Twitter, Snapchat, and Instagram.
8. CONDITIONS OF PARTICIPATION
a. ELIGIBILITY. By participating in this Sweepstakes, all entrants represent and warrant that they are eligible to win and that they agree to be bound by these Official Rules.
b. RELEASE. By participating in this Sweepstakes all entrants agree to release, indemnify and hold harmless the Busy Beauty, the Sponsors, and all affiliated individuals and entities as well as their successors and assigns (the “Released Parties”), from and against any liability, injury, death, loss, or damages to entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by reason of their participation in this Sweepstakes (or related activities) or their acceptance, possession or use/misuse of a Prize. The Released Parties are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, loss of entry and/or entrant’s information by Busy Beauty or any other party, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other computer relating to or resulting from participation in this Sweepstakes; inability to access any website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions, including entries, that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. By entering this Sweepstakes, all entrants agree to release, discharge, indemnify and hold harmless the Released Parties from and against all claims and damages or liability arising in connection with participation and/or entry in the Sweepstakes and/or receipt or use of any prize awarded in this Sweepstakes or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Winner(s) further release and waive any right of or claim to copyright, trademark rights, privacy rights, publicity rights, rights to use of name, image or likeness, and any other legal or moral rights, relating to, arising out of, or embodied in the entry and/or arising out of the use of winner's name, image and likeness. Winner(s) expressly agrees not to pursue, support, maintain, or authorize any action, claim, or dispute of any kind against the Released Parties on the grounds that any use of the entry, and/or the use of winner's name, image, or likeness violates or infringes any of winner’s rights, including, without limitation, copyrights, trademark rights, privacy, publicity and/or moral rights. All 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. You 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.” Busy Beauty and Sponsors make no warranty with respect to the prizes awarded.
c. PUBLICITY. Except where prohibited by law, entrants hereby agree that all information received as part of this Sweepstakes may be used for the delivery of advertisements or otherwise as Busy Beauty sees fit.
d. ADVERTISING AND SOLICITATION. By entering this contest, you consent to receiving emails, text messages, special offers, electronic newsletters, and solicitations from Busy Beauty, the Sponsors, and third-party vendors that may constitute requests to engage in a monetary transaction. Each email from Busy Beauty will provide you the ability to opt out of future communication. If you would prefer to opt out now, please email email@example.com. If you do not want Busy Beauty to share your information with third parties, please email firstname.lastname@example.org. Opting out of emails and offers will not decrease your chance of winning in the Sweepstakes.
e. DISCLOSURE OF INFORMATION. By participating in the Sweepstakes, you hereby agree to Busy Beauty’s and the Sponsors’ collection, use, and dissemination of your personal information solely for those purposes explained in these Terms and Conditions.
f. ENTRY ERRORS/INTERNET. Busy Beauty is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected information. Busy Beauty is not responsible for lost or late entries nor 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 Busy Beauty or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason 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 beyond the control of Busy Beauty which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Busy Beauty reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, violates these official rules, or acts in a disruptive or unsportsmanlike manner, and to cancel, terminate, modify or suspend the Sweepstakes. In such a situation, Busy Beauty reserves the right to select winners from eligible entries received as of the termination date. Without limiting the foregoing, Busy Beauty may reject any entrant, if in Busy Beauty’s sole judgment, the entrant has been disqualified, has questionable eligibility, or is otherwise ineligible to enter or participate. CAUTION: A PERSON WHO ATTEMPTS TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND BUSY BEAUTY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If there is a dispute as to the identity of the entrant, the Prize will be awarded to the authorized account holder of the email address. The “authorized account holder” is defined as the natural person to whom the email address is assigned. Busy Beauty 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.
9. GOVERNING LAW: In the event of a dispute between you and Busy Beauty, either may choose to resolve the dispute by binding arbitration, as described below, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR BUSY BEAUTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. This arbitration agreement is governed by the Federal Arbitration Act. Any arbitration will take place in Massachusetts within fifty (50) miles of Boston, Massachusetts by a single arbitrator, and will be conducted by the American Arbitration Association or JAMS pursuant to the rules of the body conducting the arbitration. ARBITRATION AND/OR ANY COURT ACTION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR BUSY BEAUTY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR COURT BY OR AGAINST OTHER PERSON OR ENTITY, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or Busy Beauty may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit. Busy Beauty will not choose to arbitrate any claim you bring in small claims court. However, if such a claim is transferred, removed, or appealed to a different court, Busy Beauty may then choose to arbitrate and you agree that in so doing, Busy Beauty will not have waived any rights. Any action brought in a court against Busy Beauty shall be brought in the State Courts of the Commonwealth of Massachusetts or in federal court in the United States District Court for the District of Massachusetts, and you and Busy Beauty both agree to be subject to personal jurisdiction in the state or federal courts, as applicable, located within the Commonwealth of Massachusetts. Except where otherwise indicated, the federal laws of the United States and the state laws of the Commonwealth of Massachusetts, as applicable, govern this contract. Notwithstanding the foregoing, either party may pursue injunctive or other equitable remedies in the above-identified courts and such claims shall not be subject to arbitration.
10. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
11. WINNERS LIST: A copy of the winners list may be obtained by sending a written request to Busy Beauty, at 233 Harvard Street, Suite 30, Brookline, MA 02446 postmarked within 15 calendar days of the End Date or by emailing email@example.com within 15 calendar days of the End Date. Any such request must identify the Sweepstakes by name. Busy Beauty will respond by mail or email within thirty days of receipt of the request.
a. UPDATES: Busy Beauty reserves the right to update or modify these rules at any time with or without notice by posting updated rules at https://busybeauty.com/pages/summer-sweepstakes.
b. CANCELATION: Busy Beauty reserves the right to cancel the Sweepstakes at any time for any reason.
c. THIRD-PARTY FEES: You may be charged for visiting the Sweepstakes website in accordance with the terms of your service agreement with your internet or mobile telephone carrier. Please consult your provider regarding your pricing plan. You must use a Smartphone device to participate via your mobile phone. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific Internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your provider with any questions regarding your bill.
d. TAX REPORTING: If the retail value of any winner's prize is $600 or more, or any winner wins prizes which are cumulatively valued at over $600 in the course of a single year, the winner must complete a W9 form and supply Busy Beauty with his/her social security number and/or tax identification number for tax purposes. An IRS Form 1099 will be issued in the name of the winner for the actual value of the prizes received.
e. ADDITIONAL FORMS AND RELEASES: Any winner may be required to sign and return, where applicable, an affidavit of eligibility, a liability release, and where legally permissible a publicity release.
f. COPY OF OFFICIAL RULES. To obtain a printed copy of these Official Rules, send a written request by the Sweepstakes End Date to Busy Beauty, at 233 Harvard Street, Suite 30, Brookline, MA 02446. Any such request must identify the Sweepstakes by the name.
g. RIGHT TO CANCEL OR SUSPEND CONTEST. If for any reason these Sweepstakes are not capable of running as planned, due to technical failures, or for any other reason and/or at the sole discretion of Busy Beauty, including without limitation due to any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of these Sweepstakes, Busy Beauty reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes, or to disqualify any individual(s) who tamper with the entry process.