NAILSENTIALS IPAD PRO GIVEAWAY OFFICIAL RULES
BY SUBMITTING AN ENTRY TO THIS SWEEPSTAKES DURING THE SWEEPSTAKES ENTRY PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE SWEEPSTAKES ENTITIES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. SWEEPSTAKES ONLY AVAILABLE TO RESIDENTS OF THE UNITED STATES AND VOID WHERE PROHIBITED.
NAILSENTIALS, LLC (“NAILSENTIALS”) is offering the “NAILSENTIALS IPAD PRO GIVEAWAY” (“Sweepstakes”). The Sweepstakes is subject to these official rules (“Official Rules”) and by entering, entrant (“Entrant”) agrees to be bound by them and the decisions of NAILSENTIALS, which are final and binding in all respects. This Sweepstakes begins at 12:01 AM, July 8, 2023, US Eastern Time and ends July 21, 2023 at 11:59 PM, US Eastern Time (“Entry Period”). NAILSENTIALS’s computer is the official timekeeping device for entry in the Sweepstakes. All entries must be received by 11:59 PM Eastern Time on July 21, 2023.
1. Eligibility: The Sweepstakes is open to legal residents of, and physically located within, the United States, who are at least eighteen (18) years of age at the time of entry. NOT VALID IN ALASKA, HAWAII AND VOID WHERE PROHIBITED. Employees, officers, agents, representatives and members of the immediate families (parents, spouses, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of NAILSENTIALS and respective affiliated companies, parent companies, subsidiaries, participating promotional partners, retailers, distributors, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (“Sweepstakes Entities”) are not eligible. All entries submitted in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries.” All entries are the property of NAILSENTIALS.
2. How To Enter: Entrant wishing to enter the Sweepstakes may do so by visiting www.nailsentials.com click on the Sweepstakes registration link and register by providing the following information: first name, last name, State of residence, a valid email address, date of birth, and telephone number including area code. For every $5 spent on www.nailsentials.com, Entrant will receive one (1) entry into the Sweepstakes.
Eligible Entrants have the option to obtain one (1) Sweepstakes entries via mail by legibly hand-printing, on a 4”x 6” card or paper: their full name, complete mailing address, phone number, e-mail address and mailing the card in a #10 envelope, with proper postage affixed, to: NAILSENTIALS “NAILSENTIALS iPad Pro giveaway”, 5980 Unity Drive Suite F Norcross GA 30071 . You may submit as many postal entry requests as you wish, but each request must be mailed separately. All entries must be postmarked by July 20, 2023 and received by July 21, 2023. In the event a postmark date falls on a Sunday or federal holiday, the mail-in entry must be postmarked on the following business day. NOTE: Mail-in entry card and envelope must be hand printed, in English, by the Entrant only and legible to NAILSENTIALS , if it is not, the Entrant will be disqualified. In addition, Entrant is not permitted to use any third party organization to assist with the entry process into the Sweepstakes in any way, as determined by NAILSENTIALS Each Envelope must be mailed individually. Bulk shipments of entries will not be accepted.
All required information must be provided to enter and to be eligible to win. Incomplete entries will be disqualified. Released Parties (defined below) are not responsible for: late, incomplete, incorrect, delayed, garbled, undelivered, misdirected, postage-due entries or mail. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes and for other purposes as set forth below.
There is no limit of entries per eligible person during the Entry Period. For the purposes of this Sweepstakes, a “day” begins at 12:01 a.m. US Eastern Time and ends at 11:59 p.m. US Eastern Time. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at NAILSENTIALS sole and absolute discretion. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and will be disqualified. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified. The Sweepstakes Entities are not responsible for technical failures of any kind, including, but not limited to: malfunctioning of any wireless network, mailing system or provider, telephone, computer, computer network, hardware or software or the unavailability or inaccessibility of any service. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in Entrant’s handset to receive messages. Those who do not follow all of the instructions, provide the required information in their entry form, abide by these Official Rules or other instructions of NAILSENTIALS may be disqualified. All materials submitted become the property of NAILSENTIALS and will not be returned. Illegible and/or incomplete entries and entries submitted by an Entrant who does not meet the eligibility requirements, including all requirements with respect to age and residence, are void. Normal time rates, if any, charged by the Entrants’ Internet service or mobile provider will apply.
The odds of winning depend on the total number of Eligible Entries received within the Entry Period. No purchase necessary. A purchase will not affect your chances of winning.
3. Prize: GRAND PRIZE of an Apple iPad Pro 11inch 128gb (1) (“Prize”) No cash or other Prize substitution shall be permitted except at NAILSENTIALS’s sole discretion. Any costs associated with registration, taxes and licensing of the Prize are the sole responsibility of the Winner. No substitution or transfer of the Prize is permitted, except by NAILSENTIALS, who reserves the right, at its sole discretion, to substitute a Prize with another Prize of equal or greater value. The Prize has no warranty and not portrayed in any specific condition. All other expenses associated with Prize acceptance not mentioned herein are the sole responsibility of the Winner. Acceptance of the Prize constitutes permission for NAILSENTIALS and all of its affiliates, including David Ochoa, to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
4. Winner Selection and Notification: On or about July 23 2023, the potential Winner will be determined via a random drawing, from all Eligible Entries received. As noted above, the Prize will have one (1) winner selected. The potential Winner will be notified within three (3) business days of the drawing. The potential Winner will be notified by email (at the email address provided with the entry) or by telephone (at the telephone number provided with the entry) and will be required to confirm his/her e-mail address. The Prize won by an Entrant will be awarded to the authorized account holder of the e-mail address or phone number submitted with the entry regardless of the individual who submitted the winning entry. If a potential Winner cannot be reached after a reasonable effort has been exerted, fails to respond within seven (7) days of the date of notification or potential Winner forfeits the Prize, an alternate potential Winner will be randomly drawn from all remaining Eligible Entries. If the alternate potential Winner is unable to accept the Prize, the Prize is forfeited and another alternate potential Winner will be randomly drawn from all remaining Eligible Entries. This Winner selection and notification process shall be continued until a Winner is confirmed for the Prize; provided, the Prize is awarded and properly claimed by August 20, 2023, after this date, alternative Winner will not be selected and the unclaimed Prize will not be awarded. If a Prize notification is returned as undeliverable, the Prize will be forfeited immediately and an alternate potential Winner will be randomly drawn. Sponsor shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information.
5. Winner Verification: Within three (3) days of being notified of being a potential Winner, each potential Winner may be required complete, sign, and return documentation required by NAILSENTIALS. - including a notarized Affidavit of Eligibility, release of liability, and a publicity release form (except where prohibited). Provided that a potential Winner is in compliance with the Official Rules and after having successfully proven eligibility and provided any documentation required by NAILSENTIALS, the potential Winner will be determined to be a Winner. NAILSENTIALS. expressly reserves the right to delay the announcement of the Winner for any reason it deems necessary. In addition, NAILSENTIALS. reserves the right to select alternate Winner in the event that any potential Winner fails to comply with these Official Rules.
If, for any reason, more than one (1) bona fide Winners come forward seeking to claim a Prize in excess of the Prize available as set forth in these Official Rules, the Winner of the Prize available may be selected in a random drawing from among all persons making purportedly valid claims for the Prize. 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.
6. Liability Release and Indemnity: By entering the Sweepstakes, Entrant agrees that NAILSENTIALS, any other Sweepstakes Entities and each of their respective parents, subsidiaries, affiliated companies, employees, officers, directors, shareholders, agents, retailers, distributors and representatives are indemnified, released and will be held harmless by Entrant from any and all liability, for any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of the Prize. The Prize is offered and provided “as is” with no warranty or guarantee by NAILSENTIALS, either express or implied. Any and all warranties and/or guarantees on the Prize (if any) are subject to the manufacturer’s terms and Winner agrees to look solely to such manufacturer for any such warranty and/or guarantee. By participating in the Sweepstakes, Winner acknowledges the Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prize.
Entrants agree to indemnify, defend, and hold harmless the Sweepstakes Entities from any and all liability arising out of or relating in any way to Entrant’s participation in the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities arising out of participation in the Sweepstakes, use of the Sweepstakes website(s), or receipt or use of the Prize, including but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property (including to any computer systems resulting from participation in or accessing or downloading information in connection with the Sweepstakes), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of the Prize. Entrant assumes all liability for an injury, damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of any Sweepstake website, or the acceptance, receipt, or use of the Prize or component of the Prize. Entrant further agrees that in any cause of action, the Sweepstakes Entities’ liability will be limited to the cost of entering and participating in the Sweepstakes and in no event shall the Sweepstakes Entities be liable for attorney’s fees.
The Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in Sweepstakes, by any human, mechanical or electronic error that may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. The Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winner, in the announcement of the Prize and Winner, the delivery of the Prize, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail on account of technical problems or traffic congestion on the Internet or on any website, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system or software related to or resulting from participation in, uploading any materials or downloading any materials in the Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. NAILSENTIALS reserves the right in its sole discretion to disqualify any person it suspects or finds: (i) to have tampered with the entry process or the operation of the Sweepstakes; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring such Winner or the Sweepstakes Entities into disgrace, including, but not limited to, a person committing acts of moral turpitude, allegations or convictions of any crime; (iv) have provided inaccurate information on any documents submitted in connection with the Sweepstakes; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
7. Prize Terms: Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such a case, Sponsor may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor.
Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.
Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, NAILSENTIALS LLC reserves the right to seek damages from any such person to the fullest extent permitted by law.
By entering the Sweepstakes you agree to receive email newsletters periodically from the Sponsor. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
8. Grant of Rights: By entering, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, biographical information and any video footage related to the Prize, for NAILSENTIALS or any sponsor advertising, promotional or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation, unless prohibited by law.
9. General Terms: By entering the Sweepstakes, Entrant: (a) agrees to be bound by these Official Rules and by the interpretation of these Official Rules by NAILSENTIALS and by the decisions of NAILSENTIALS, which are final and binding in all respects; (b) acknowledges compliance with these Official Rules; (c) agrees to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agrees to release and hold harmless the Sweepstakes Entities from and against any claims, injury or damages arising out of or relating to participation in the Sweepstakes and/or the use, misuse or redemption of the Prize, and for any claim including claims based upon defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Sweepstakes, the Prize or NAILSENTIALS advertising and marketing related to the Sweepstakes, Entrant or the Winner. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
The Sweepstakes Entities are not responsible if the Sweepstakes cannot take place, or if a Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of the Sweepstakes Entities. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the reasonable control of the Sweepstakes Entities, which, in NAILSENTIALS’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, NAILSENTIALS reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes or any part of the Sweepstakes. If the Sweepstakes, or any part of the Sweepstakes, is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on www.nailsentials.com, if time permits and the Prize will be awarded to a potential Winner, to be selected in a random drawing from among all of the remaining uncorrupted Eligible Entries received prior to any such event outside of the reasonable control of NAILSENTIALS.
NAILSENTIALS reserves the right to modify and amend these Official Rules from time to time during the Sweepstakes for clarification purposes.
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 any provision of the Official Rules 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. NAILSENTIALS’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrant agrees 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 a 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 NAILSENTIALS’s sole and absolute discretion.
10. Privacy: All information submitted by Entrant and collected by NAILSENTIALS in connection with Entrant’s entry is subject to and treated in a manner consistent with NAILSENTIALS’s web site Terms of Use and Privacy Policy available at: https://nailsentials.com/policies/privacy-policy. By participating in the Sweepstakes, Entrant agrees that NAILSENTIALS may collect and use their personal information submitted with the entry for the purposes of administering the Sweepstakes, fulfilling the Prize and for other purposes NAILSENTIALS wishes, to the extent permitted by law.
11. Binding Arbitration: Except where prohibited by law, Entrant agrees: (1) any dispute, controversy or claim arising out of or relating to the Sweepstakes or a Prize awarded shall be resolved individually, without resort to any form of class action; (2) any dispute, controversy or claim arising out of or relating to the Sweepstakes or any Prize awarded shall be resolved by binding arbitration conducted by JAMS in accordance with JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”); (3) any dispute shall first be submitted to mediation in accordance with JAMS Rules prior to arbitration; (4) any arbitration shall be heard by one arbitrator to be selected in accordance with the JAMS Rules, in Atlanta, Georgia; (5) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (6) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorneys’ fees or costs of bringing a claim, or any injunctive or other equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
12. Governing Law: All federal, state, provincial and local laws and regulations apply. Void where prohibited by law. Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and NAILSENTIALS in connection with the Sweepstakes, shall be governed by, and construed in accordance with, Georgia law without effect to any choice of law or conflict of laws rules (of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Georgia.
13. Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: NAILSENTIALS LLC 5980 Unity Drive, SUITE F Norcross Georgia 30071 United States. Requests must be received no later than 60 days after the Promotion ends.
14. Sponsor: The Sponsor of the Sweepstakes is NAILSENTIALS LLC 5980 Unity Drive, SUITE F Norcross Georgia 30071 United States.
15. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this sweepstakes and not to Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google.