NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
ELIGIBILITY.
The Sweepstakes (the “Promotion”) is open only to legal residents of the United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry. The Promotion is subject to all applicable federal, state and local laws and is void outside the United State and the District of Columbia and where prohibited by law. By participating in the Promotion, participant(s) who enter the Promotion (“Entrant(s)”) agree to abide by and be bound by these terms and conditions and decisions of Carol Cole Company, a California corporation (“NuFACE”), which shall be final in all matters relating to the Promotion.
PROMOTION PERIOD.
The Promotion begins at 09:00 a.m. Pacific Time on February 1, 2024, and ends at 11:59 p.m. Pacific Time on February 29, 2023 (the "Promotion Period").
HOW TO ENTER.
To receive an entry, Entrant will need to have their own individual email and phone number. To receive an entry, Entrant must complete the following steps: (1) sign up for NuFACE Email Marketing; (2) sign up for NuFACE SMS Marketing. Entrant will receive one (1) entry for promotion for completing steps 1 and 2. All entries must comply with all further requirements and content restrictions set forth in these terms and conditions. LIMIT ONE (1) ENTRY PER PERSON AND/OR EMAIL/PHONE NUMBER. All entries must follow the submission requirements set forth below and comply in all respects with these terms and conditions. All entries may be posted on NuFACE’s websites and/or social media accounts. All entries are subject to a review by NuFACE prior to posting online. If entrants use a mobile device to enter, standard data rates may apply. NuFACE reserves the right to void all entries made through any robotic, automatic, mechanical, programmed, or similar entry duplication method, and to disqualify any entrant using such an entry method. NuFACE will be the official timekeeper for the Promotion.
PRIZES, APPROXIMATE RETAIL VALUE (“ARV”) & ODDS OF WINNING.
Prize:
One (1) Trinity+ Starter Kit (ARV $540.00).
Prize(s) must be accepted as awarded. All characteristics and features of the prize(s) except as otherwise explicitly stated above, are within NuFACE’s sole and absolute discretion. No substitution, cash redemption, sale or transfer of prize(s) is permitted, except as otherwise provided herein or authorized by NuFACE in its sole and absolute discretion. If a prize, or any portion thereof, cannot be awarded for any reason, NuFACE reserves the right to substitute such prize (or portion thereof) with an equivalent prize of equal or greater value. All federal, state and local taxes, and all other costs associated with acceptance or use of the prize(s), are the sole responsibility of the applicable winner(s). Arrangements for delivery of prize(s) will be made after winner validation. LIMIT ONE (1) PRIZE PER PERSON.
PRIZE DRAWING.
March 5, 2024:
NuFACE will conduct a random drawing for Prize from among all eligible entries received during the Promotion Period.
NOTIFICATION & VALIDATION OF WINNERS.
Potential winner will each be contacted by NuFACE, at its election, by mail, courier service, telephone, text, email, or via direct message from NuFACE’s Instagram page (standard data rates may apply). Entrant may be required to complete, sign and return an affidavit or declaration of eligibility, a liability release, tax forms, and where lawful, a publicity release within a stated amount of time. Entries with inappropriate comments or images may be disqualified at the sole discretion of NuFACE. NuFACE reserves the right to void all entries made through any robotic, automatic, mechanical, programmed, or similar entry duplication method, and to disqualify any entrant using such an entry method. NuFACE will be the official timekeeper for the Sweepstakes.
The return of any notification as undeliverable or failure to respond to notices or return any required documents or information in a timely manner or a determination that a potential winner is ineligible or not in compliance with these terms and conditions, as determined by NuFACE, in its sole discretion, may result in disqualification of the winner and forfeiture of the corresponding prize, and the choosing of an alternate winner in a random drawing from among the remaining eligible entries.
WINNER ANNOUNCEMENT.
Winner will be privately emailed from the info@support.nuface.com account within forty-eight (48) hours of winning.
LIMITATIONS.
To the fullest extent permitted by applicable law, NuFACE and the Partners are not responsible for: (i) entries that are late, incomplete, misdirected, or not received by NuFACE or the Partners for any reason; (ii) any problems or technical malfunctions, errors, delays, communication; (iii) damage to Entrant’s or any person’s computer; (iv) causes beyond NuFACE or the Partners’ reasonable control that jeopardizes the administration, security, fairness, integrity or proper conduct of the Promotion; (v) incorrect or inaccurate entry information whether caused by Entrant or Instagram; (vi) any typographical or other error in advertising copy related to the Promotion, the administration or execution of the Promotion, or the announcement/notification of winners; (vii) any human, or other error, which may occur in the promotion or administration of the Promotion; or (viii) cheating or fraud of any type by or on behalf of Entrant.
DISQUALIFICATION.
Entries that are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these terms and conditions (as determined by NuFACE in its sole and absolute discretion) will be void and will not be entered into the Promotion’s prize drawing. Entries made in any manner not specifically allowed under these terms and conditions will not be entered into the Promotion. NuFACE and the Partners reserve the right, in their sole discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or who acts in a disruptive or unfair manner.
MODIFICATION, SUSPENSION OR TERMINATION OF THE PROMOTION.
If for any reason the Promotion cannot be executed as planned, NuFACE and the Partners reserve the right, in their sole and absolute discretion, to void suspect entries/entrants and/or modify, suspend and/or terminate the Promotion. If the Promotion is terminated before the final date of the Promotion Period, NuFACE and the Partners may select the winners by random drawing of eligible, non-suspect entries/entrants received as of the date and time of termination. Thereafter, NuFACE and the Partners reserve the right to refuse further entries and terminate award of further prizes.
CANCELLATION.
If for any reason the winner rejects the prize, such winner shall not be entitled to receive reimbursement for lost prize.
RELEASES.
By participating in the Promotion, Entrant agrees to the maximum extent permitted by law, that: (i) all claims arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) to release, defend, indemnify and hold harmless NuFACE and the Partners and each of their successors and assigns from and against any and all liability, losses, claims or causes of action, including, but not limited to, bodily injury, death or damages arising out of Entrant’s participation in the Promotion or the acceptance, possession, use or misuse of any prize received in the Promotion; and (iii) neither NuFACE nor the Partners nor any of either of their agents, contractors or employees (the “Indemnified Parties”), shall be liable to Entrant or any person claiming through Entrant for any exemplary, special, incidental or consequential damages, attorneys’ fees, court costs, or any damages other than actual out-of-pocket costs incurred to enter, and any and all rights to have damages multiplied or otherwise increased or any cause whatsoever, including, without limitation, claims caused by or resulting from the negligence, gross negligence or willful misconduct of the Indemnified Parties.
PUBLICITY.
Except where prohibited, participation in the Promotion constitutes each Entrant’s permission for NuFACE and the Partners to use Entrant’s names, photographs, videos, voices and any other likenesses for purposes of advertising and publicity in all media now known or hereinafter invented without territorial or time limitations and without compensation or notice.
PRIVACY.
By entering the Promotion, each Entrant agrees that NuFACE and the Partners, and each of their agents and representatives may store, share and use the personal information Entrant submitted with their entry for the purpose of administering the Promotion and agrees to the collection, use and disclosure of their personal information as described in these terms and conditions, as permitted by law.
CHOICE OF LAW; VENUE.
The provisions of these terms and conditions shall be construed and interpreted in accordance with the laws of the State of California, and venue for any action brought with respect to any claims arising out of these terms and conditions or the Promotion shall be brought exclusively in San Diego County, California.
SEVERABILITY.
If any provision of these terms and conditions is invalid, illegal, or unenforceable, the balance of these terms and conditions shall remain in effect, and if any provision is inapplicable to any person or circumstance, it shall nevertheless remain applicable to all other persons and circumstances.
THIRD PARTY RIGHTS.
Manufacturers of the prizes offered in the Promotion do not sponsor or endorse the Promotion and are not affiliated with NuFACE in any way. The Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrant is providing their information to NuFACE and not to Instagram.
DISCLAIMER.
Subject to applicable laws, NuFACE and the Partners make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the competition. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUBJECT TO APPLICABLE LAWS, PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
