Sugarfina USA LLC
"Here Comes the Bride" Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THIS PROMOTION IS VOID WHERE PROHIBITED BY LAW. IT IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA, EXCLUDING THE DISTRICT OF COLUMBIA, ALASKA, HAWAII, NEW YORK, FLORIDA, AND RHODE ISLAND, AND EXCLUDING ALL TERRITORIES AND POSSESSIONS OF THE UNITED STATES OF AMERICA, WHO ARE THE AGE OF MAJORITY OR OLDER IN THEIR PLACE OF RESIDENCE.
1. SPONSOR: The sponsor of this promotion is Sugarfina USA LLC, with offices at 1700 E Walnut Avenue, 5th Floor, El Segundo, California 90245 (“Sponsor”). This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. Sugarfina’s Partners for the purpose of this sweepstakes shall include Pronovias, The Sol Group Corporation (“Paradisus Grand Cana”), UrbanStems, and GlamGlow. Partners are prize providers only and are not responsible for the administration of this sweepstakes.
2. PRIZES; ODDS OF WINNING: There is one (1) grand prize for this promotion, comprised of:
· Sugarfina “21 Days Until I Do” Tasting Collection: Approximate Retail Value $50.00 USD
· Sugarfina “Congrats to the Happy Couple” 2 Piece Candy Bento Box: Approximate Retail Value $20.00 USD
· $200 Sugarfina Gift Card: Approximate Retail Value $200.00 USD
· Pronovias wedding gown: Approximate Retail Value up to $3,500.00 USD
· Paradisus Grand Cana- A 5 day, 4 night all-inclusive stay at Paradisus Grand Cana in Punta Cana, Dominican Republic (*see below for details): Approximate retail value $3,000.00 USD
· $500 UrbanStems Gift Card: Approximate Retail Value $500.00 USD
· GlamGlow skincare products (BrightMud™ Dual-Action Exfoliating Treatment, BrightEyes Illuminating Anti-Fatigue Eye Cream, SuperMud® Instant Clearing Treatment Mask, GlowStarter™ Mega Illuminating Moisturizer in Nude Glow & Sun Glow, Youthcream™ Rejuvenating Power Peptide Moisturizer, BubbleSheet™ Oxygenating Deep Cleanse Mask x2): Approximate Retail Value $280.00 USD
Total Value: Approximately $7,550.00 USD
*Alterations not included
**A ‘Luxury All-Inclusive Experience’, including all meals, drinks, gratuities, non-motorized water sports and entertainment. Airfare is not provided. Prize must be redeemed for travel one year from the promotional end date (August 31, 2022). Subject to availability and blackout dates. Actual value may vary based room rate fluctuations. Winner will not receive the difference between actual and ARV. Vacation must be booked at least twenty-one (21) days prior to arrival at the resort. No refund or compensation will be made by Sponsor and/or Prize Provider in the event of the cancellation or delay of any travel arrangements. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, air transportation, ground transportation, incidentals, passenger tariffs or duties, surcharges, airport fees, security fees, taxes or other expenses are the responsibility solely of winner. Winner's travel companion must be at least eighteen (18) years of age or older as of the date of departure. If winner's travel companion is under eighteen (18) years of age, the winner must be the travel companion's parent/legal guardian. Travel companion must travel on same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. Winner and travel companion are solely responsible for obtaining valid passports and any other documents necessary for international travel. Winner and travel companion are solely responsible for their own conduct while accepting the prize and agree to comply with all applicable laws and regulations pertaining to use and enjoyment of the prize, including, but not limited to, consumption of alcoholic beverages. Sponsor and/or Prize Provider will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.
No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute the Prize for one of equal or greater value if the Prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with Prize receipt and/or use.
COVID-19 Release and Waiver: Winner understands and agrees that travel/event will be dangerous due to the Coronavirus (COVID-19) epidemic/pandemic and assumes any and all risks of illness, injury or loss due to such travel/event. Winner acknowledges that, notwithstanding the safety precautions taken by the air carrier, hotel property, or other venues, and other providers of travel/event-related services, it is possible that he/she may still contract Coronavirus (COVID-19). Additionally, winner understands and agrees that, in response to economic and/or social conditions engendered by the Coronavirus (COVID-19), Sponsor may be compelled to modify, postpone or cancel the trip/event. In all cases, winner releases and agrees to hold harmless Sponsor (as well as the other Released Parties) from any and all liability in conjunction therewith and, in no event, shall Sponsor, (as well as the other Released Parties) have any liability in excess of the above-indicated ARV of the trip/event.
The prize winner and guest must conduct themselves at all times in a socially responsible, respectful and appropriate manner including following all private guidance from a venue operator and other prize suppliers as well as governmental mandates intended and designed to prevent contracting and/or spreading COVID-19/Coronavirus; which may include but are not limited to maintaining social distancing, mask-wearing, testing and may also include quarantine (if mandated).
The odds of winning depend on the number of eligible entries received. The winner may not substitute his or her prize for its cash equivalent and may not transfer or assign the prize without Sponsor’s permission. Sponsor reserves the right to substitute any or all of the prizes with any article or service of similar or greater value at its sole discretion. Prizes may not be assigned or transferred.
3. HOW TO ENTER: You (or “Entrant”) may enter the contest by following the instructions set forth in the advertisements or posts regarding the sweepstakes and as set forth herein. Entrants must visit the sweepstakes’ dedicated landing page on DojoMojo and enter their:
· Email address
· First Name; Last Name
· Birth Month; Birth Day; Birth Year
· Phone Number
· Zip Code
Each individual may only submit one entry through each of the available avenues of entry detailed above. Sponsor in its sole discretion will decide whether a given entry satisfies the criteria for entry in the Promotion. Multiple Entrants are not permitted to share the same email address or social media handle. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, registrations and logins, or any other methods will void that Entrant's entries and that Entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Entrant, the authorized account holder of the email address or social media handle associated with the entry will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address or social media handle by an Internet access provider, online service provider or other organization responsible for assigning email addresses or social media handles for the domain or social media account associated with the entry. Each potential winner may be required to show proof of being the authorized account holder. Sponsor will make the final determination of identity of Entrants in its sole discretion.
Sponsor is not be responsible for incorrect or inaccurate transcription of entry information, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, failures of any communications network, computer equipment, software, inability to access any online service or web site, inability to submit the online entry form, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this sweepstakes, or for late, lost, stolen, postage due, illegible or misdirected entries.
It is the Entrant’s responsibility to obtain any parental or employer permission to use the equipment required to complete the entry.
4. ELIGIBILITY: This promotion is open to all legal residents of the United States of America, excluding the District of Columbia, Alaska, Florida, Hawaii, New York, and Rhode Island, and excluding all territories and possessions of the United States of America who are the age of majority or older in their respective places of residence as of 00:01 hours Pacific time on August 15th, 2021. This promotion is not open to those who, as of 00:01 hours Pacific time on August 15th, 2021 were:
(a) employees, directors, officers, agents or representatives of Sponsor, a Co-Sponsor or of their affiliates, subsidiaries, or parents, advertising or promotion agencies and suppliers of prizes, materials and services in relation to this promotion;
(b) members of the immediate family of any of the persons in (a) above;
(c) engaged in the development, production, drawing of winners for this promotion;
(d) members of the same household as any of the persons in (a) and (c) above.]
(collectively, the “Released Parties”).
5. DRAWING/SELECTION: The potential winner(s) will be selected in a random drawing conducted by Dojo Mojo, whose decision will be final and binding in all respects. The potential winner(s) will be selected on or about 00:01 Pacific Time within 1 month of sweepstakes close date and will be notified within thirty (30) days after the drawing by email or telephone. In the event that Sponsor cannot reach the winner within seven (7) calendar days after it attempts to notify the winner, Sponsor will select a new winner according to these rules.
6. SCHEDULE: This promotion begins on 00:01 hours Pacific Time on August 15th, 2021 and ends 23:59 hours Pacific Time on August 31st, 2021. All entries must be received by 23:59 hours Pacific Time.
7. ADDITIONAL CONDITIONS: Sponsor reserves the right to terminate or amend the Rules of this promotion if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the contest as determined by Sponsor in its sole discretion. At its sole discretion, Sponsor may disqualify any person whom it considers to have intentionally violated the Official Rules or any element of this promotion. By participating, participants agree: (a) to be bound by the Official Rules and the decisions of the Sponsor; (b) to release and hold harmless the Released Parties, ”Instagram”, and “Facebook” from any and all liability with respect to acceptance, possession or use (or misuse) of the prize(s) or participation in this promotion as further agreed in Section 13 of these Official Rules. Potential Winners may be requested to sign an additional publicity release, release and eligibility affidavit, or to complete any relevant tax documentation. Failure to properly execute and return such documentation shall render the Entrant ineligible. Winner agrees to permit Sponsor to use his/her/their name, address, city, state, photograph, videotape or any likeness for advertising or publicity purposes for no additional compensation.
8. TAXES. Taxes are the sole responsibility of the Winner. Sponsor does not provide tax advice. Participants are encouraged to contact their own tax advisor regarding potential tax implications, if any, of this promotion. Sponsor may request a completed IRS Form W-9 from the potential contest winner prior to the distribution of any prizes.
9. WINNERS LIST / COPY OF RULES: For the name of the prize-winner(s), available after November 1st, 2021 or to obtain a copy of these rules, please send a separate, self-addressed stamped envelope to “Marketing Department - List of Winners or Copy of Rules", Sugarfina USA LLC., 1700 E Walnut Avenue, 5th Floor, El Segundo, CA 90245.
11. DISPUTES, APPLICABLE LAW: Any controversy or claim arising out of or relating to the promotion or these terms, or any breach thereof, shall be settled by arbitration seated in New York City, New York. The physical location of the arbitration hearings shall be held in Los Angeles, California, unless the Parties agree otherwise. All proceedings, filings, and statements made in such arbitration shall be confidential. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and, with respect to discovery and the taking of evidence, the International Bar Association’s Rules on the Taking of Evidence in International Arbitration (the “IBC Rules”). Notwithstanding the IBC Rules, however, the Parties shall be entitled to up to twenty-five (25) written requests for admission (“RFA’s”) and up to two (2) depositions, each without leave of the arbitral tribunal. The deponent’s attendance may be compelled by either request to the arbitral tribunal or order from a court of competent jurisdiction. Failure by either Party to timely respond to RFA’s shall be deemed an admission to such RFA’s. Failure by either Party to participate in the arbitration (including failure to attend a properly scheduled deposition, conference, or hearing) shall be deemed default and consent to the immediate entry by the arbitral tribunal of an award in favor of the other Party in an amount equal to the maximum damages reasonably requested by such Party (giving all possible deference to the Parties’ limited ability to prove damages in the absence of the other Party’s participation). The arbitral tribunal shall immediately enter such award upon request by the participating Party. Any award granted to a Party pursuant to an arbitration in accordance with these terms shall be enforceable in foreign jurisdictions in the manner contemplated by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). Notwithstanding the foregoing, any Party may seek and obtain injunctive and other equitable relief from a court of competent jurisdiction to enforce the provisions of these terms without first seeking or obtaining any decision of the arbitral tribunal, with respect to the subject matter of this Agreement.
By participating in this promotion, each participant agrees that: (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this promotion but in no event attorneys’ fees; and (b) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. 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. LIMITATION OF LIABILITY. The Sponsor, its Partners, its affiliates, its advertising and promotional agencies, the suppliers of products or services related to this Contest and their respective employees, officers, directors, representatives and agents shall not be responsible for incorrect or inaccurate capture of entry information, technical malfunctions, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof, inability to access any online service or web site, inability to submit the online entry form, or any other error or malfunction, or for late, lost, stolen, postage due, illegible or misdirected entries.
13. RELEASE. Subject to applicable law, by entering into this Sweepstakes and potentially receiving a Prize, each Entrant agrees to release, discharge, and hold harmless Released Parties from and against any claim, cause of action, demand, or proceeding (each, a "Claim"), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys' fees (each, a "Loss"), relating to or arising directly or indirectly out of his or her participation in the Sweepstakes (or related activity such as a press release), and/or Sponsor's right to exploit Entrant's name and/or likeness or fully exploit any other right granted to it hereunder, and/or from Entrant's receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to a Entrant's computer system from downloading or using material from Sponsor's, Co-Sponsor’s, or an affiliate of Sponsor's, website).