Mama Mio US, Inc (trading as Skinstore) (“Sponsor”) hosts various online promotions that are based on either an entrant’s skill (“Skill-Based Promotions”) or a random winner selection from all eligible entrants (“Chance-Based Promotions”) (collectively, the “Promotions”). These Official Rules apply to all Promotions operated by Sponsor, unless otherwise provided for.
1.
ELIGIBILITY
: Promotions are open to legal residents of the fifty United States and the District of Columbia who are least eighteen (18) years of age at the time of entry. Persons who are minors in their state or jurisdiction need the consent of their parent or legal guardian to enter. Employees of Sponsor and its parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies, and their immediate families and household members are not eligible to enter or win. For purposes of the Promotions, “immediate families” means parents, grandparents, children, grandchildren, and siblings.
2. ANNOUNCEMENT: Before each Promotion begins, Sponsor will release an announcement that provides details on the dates the promotion begins and ends (the “Promotion Period”), the number of winners, the prizes and their approximate retail value, whether it is a Skill-Based Promotion or Chance-Based Promotion, and detailed information on how to enter and participate in the Promotion (the “Promotion Announcement”).
3. TO ENTER: During the applicable Promotion Period, eligible entrants may enter the Promotion as described in the Promotion Announcement. Entries must be received during the Promotion Period and as described in the Promotion Announcement to be eligible. Unless otherwise stated in the Promotion Announcement, only one (1) entry per person. Entries that are lost, late, misdirected, illegible, incompletely received, or incomplete, for any reason, will not be eligible and are not the responsibility of the Sponsor. Proof of sending will not be deemed to be proof of receipt. All entries become the property of Sponsor. In the event of a dispute over the identity of a potential winner, the winning entry will be declared as the authorized account holder of the e-mail address submitted at the time of entry (or associated with the social media account used to enter), and any potential winner may be required to provide evidence sufficient to show that he/she is the authorized account holder of that e-mail address. Entries become the sole property of Sponsor and will not be returned. Proof of deposit or sending of entry will not be deemed to be proof of receipt by Sponsor. Correspondence and inquiries regarding a Promotion will not be acknowledged or answered. All times and dates referenced are Pacific time zone.
Some Promotions will require entrants to post content online in order to enter the Promotion, including but not limited to photos, statements, videos, and audio recordings (“Submissions”). The following content restrictions will apply to all Submissions. Sponsor reserves the right in its sole discretion to disqualify any Submission that violates these content restrictions or that otherwise does not comply with the requirements of these Official Rules.
• Submissions must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights, or that constitutes infringement;
• Submissions must be original work created by the entrant;
• Submissions must not disparage Sponsor or any other person or party affiliated with the Promotion;
• Submissions must not contain false or misleading statements regarding Sponsor or a third party’s products or services;
• Submissions must not contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, derogatory, or libelous;
• Submissions must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
• Submissions must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where the Submission is created; and
• Submissions must contain the clear and conspicuous disclosure #ContestEntry or #SweepstakesEntry.
4. LICENSE: Each entrant represents and warrants that he or she is the author and owner of the Submission and has all rights in the Submission and entrant’s entry of the Submission and Sponsor’s use of the Submission in accordance with these rules will not infringe any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, publicity right, patent, trade secret or confidentiality obligation, and will not breach any contract between entrant and any third party. Submitting a Submission constitutes entrant’s grant to Sponsor of a royalty-free, irrevocable, perpetual, nonexclusive, transferable license to use, reproduce, modify, publish, create derivative works from, and display such Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media, or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the Submission and the non-exclusive rights entrant is granting to use the Submission. Each entrant also irrevocably waives any and all so-called moral rights they may have in the Submission. Each entrant further agrees to defend, indemnify and hold harmless Sponsor from and against any claims, lawsuits, liabilities or expenses (including attorney’s fees) arising out or related to that entrant’s Submission or violation by entrant of these Official Rules.
5. MATERIAL DISCLOSURES: Entrants agree to disclose all material connections when entering a Promotion, all in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising” (the “FTC Guides”). A “material connection” is one that could influence the weight or credibility another person would give to any opinions, evaluations, reviews, ratings, messages, or comments in a Submission including receipt of a sweepstakes or contest entry, free or discounted products or services, or receipt of payment or other consideration or material benefit from Sponsor or a third party.
6. PRIZES: The type, number, and approximate retail value of the prizes for a Promotion will be as described in the Promotion Announcement. The odds of winning Chance-Based Promotions depend on the total number of eligible entries received. The odds of winning Skill-Based Promotions depend on the relative skill of the entrants. One prize per person, per e-mail address, and per social media user name, per Promotion. Prizes are non-assignable, nontransferable, and not redeemable in cash. There are no prize substitutions, except that Sponsor may, in its sole discretion, substitute a prize of approximately equal or greater value. Gift card prizes subject to gift card terms and conditions, and prize details such as color, style, size at Sponsor’s sole discretion. See Promotion Announcement for any additional details or restrictions regarding prizes. Prizes won by minors will be awarded to a parent or a legal guardian who must sign all required releases. All taxes relating to prizes are the sole responsibility of the winners. Some prizes will be awarded electronically. All prizes will be awarded.
7. SELECTION OF WINNER:
a. Chance-Based Promotions. Shortly after the close of the Promotion Period, the winners will be determined at random from eligible entries.
b. Skill-Based Promotions. Shortly after the close of the Promotion Period, a panel of judges selected by Sponsor will select the winners based on the criteria identified in the Promotion Announcement. All decisions of the judges are final and binding on all entrants.
8. NOTIFICATION OF WINNER: Winners will be notified by e-mail or telephone at the e-mail address or telephone number provided with the entry within two (2) weeks of the end of the Promotion Period unless otherwise stated in the Promotion Announcement. If a Winner does not respond within fourteen (14) days of the date appearing on the prize notification, refuses the prize, is found to be ineligible, or fails to comply with the instructions contained in the prize notification or provide any requested documentation within that time period, Sponsor reserves the right to disqualify such potential winner and choose an alternate winner from among the remaining eligible entries (i) at random in a Chance-Based Promotion, and (ii) based on the skill-based selection criteria described in a Skill-Based Promotion. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner. Winners may be required to provide evidence of identity satisfactory to Sponsor in connection with claiming the prize. Any potential winner may be required to sign and return to Sponsor an affidavit of eligibility and a liability/publicity release within fourteen (14) days of the date that Sponsor first attempts to notify the potential winner. No person shall be confirmed as a winner until such person has complied with all the requirements of these Official Rules.
9. APPLICABLE LAW AND JURISDICTION: This Promotion is void where prohibited. This Promotion is subject to all applicable federal, state, and local laws and regulations. Any dispute arising out of this Promotion or a prize shall be governed by the laws of the State of New York, without regard to its choice law principles, and shall be subject to the exclusive jurisdiction of the state and federal courts in the State of New York. Entrants consent to the personal jurisdiction of said courts. Except where prohibited by law, as a condition of participating in this Promotion, entrant agrees that any and all disputes and causes of action arising out of or connected with this Promotion, or prize awarded, shall be resolved individually, without resort to any form of class action. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH 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 LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
10. WAIVERS AND RELEASES: By entering, entrants agree: (a) to be bound by these Official Rules and the decisions of Sponsor, which are final and binding; (b) to waive any right to claim ambiguity in any of the Promotions, Promotion Announcements, or these Official Rules; (c) that they may be contacted in person, by phone, or by e-mail, with respect to the Promotions; (d) that Sponsor, its parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies, and their respective officers, directors, shareholders, and employees (collectively “Releasees”) are not responsible for lost, damaged, or misplaced entries, incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, or any other error or malfunction, or any injury or damage to entrant’s or any other person's computer related to or resulting from participation in the Promotions, or for any injury to person or property; and (e) that the Releasees will not be liable for losses or injuries of any kind resulting from acceptance/possession/use and/or misuse of any prizes, travel to and from any prize-related activity, participation in the Promotion, or printing, mailing or distribution errors. Each winner further acknowledges that Sponsor does not make any warranties, express or implied, relating to any prize itself and that Sponsor expressly disclaims the implied warranties or merchantability and fitness for a particular use. Sponsor is not responsible for any typographical or other error in the printing of this offer including the Promotion Announcement, in the administration of the Promotion, or in the announcement of the prizes.
11. PUBLICITY: Unless prohibited by law, entry into any Promotion constitutes permission for the Releasees to use that entrant’s name, address (city and state), social media user name, and/or likeness for advertising and trade purposes without further compensation or right of review or approval, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation the Internet.
12. ADDITIONAL RESTRICTIONS: If for any reason any Promotion is not capable of being executed as planned, or tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right, at its sole discretion, to disqualify any suspect entry and to cancel, terminate, modify or suspend the Promotion and/or award the prizes for that Promotion from among all eligible, non-suspect entries received as of the date of the termination, as Sponsor determines in its sole discretion. Entries not complying with these Official Rules are subject to disqualification.
13. DATA PRIVACY: Entrants agree that their personal data, including name, e-mail address, phone number, and physical address, may be processed, stored and otherwise used for the purposes and within the context of this Promotion and for any of the purposes set forth in Sponsor’s Privacy Policy at https://www.skinstore.com/info/privacy-policy.list . By participating in this Promotion, entrants are agreeing to Sponsor’s Privacy Policy. Without limiting the foregoing, such data may also be used by the Sponsor in order to contact the winners, check an entrant’s identity and contact information, or to otherwise verify an entrant’s eligibility to participate in a Promotion or to receive a prize.
14. 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.
15. TRADEMARKS: Trademarks referenced herein are owned by their respective companies and do not imply or suggest that such companies endorse or support this Promotion.
16. TO RECEIVE WINNER NAME OR OFFICIAL RULES: To request the name of the winners for a particular Promotion or a copy of these Official Rules, e-mail your request to[anna.moore@thehutgroup.com or mail your request, along with a self-addressed stamped envelope, and include the name of the specific Promotion to: The Hut Group, 1-2 The Stables, Gadbrook Park, Northwich, CW9 7RA. Residents of Vermont may omit return postage.
17. SOCIAL MEDIA: Promotions may be offered and administered by Sponsor using different social media platforms. The Promotions are in no way sponsored, endorsed, administered, or associated with any social media platforms, including but not limited to Facebook, Instagram, Twitter, and Pinterest. Information disclosed on social media pages regarding a Promotion is being provided to Sponsor and not to the social media platform. As a condition to entry into a Promotion, each entrant agrees that the relevant social media platforms, including Facebook, Instagram, Twitter, and Pinterest, will not be liable for losses or injuries of any kind resulting from participation in the Promotion.
18. SPONSOR: The Sponsor of the Promotions is Mama Mio US, Inc. a company registered in Delaware whose registered office is at 1041 W18th Street, Suite A205, Costa Mesa, CA, 92627.