POOSH HOLIDAY INSTAGRAM GIVEAWAY
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD.
VOID IN PUERTO RICO AND ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
The Poosh Holiday Instagram Giveaway (the “Giveaway”) is open only to individuals who (i) are eighteen (18) years of age or older at the time of entry and (ii) are legal residents of the fifty (50) United States or the District of Columbia. Void in Puerto Rico and all jurisdictions other than those stated above and where prohibited or restricted by law. The following individuals are not eligible to enter or win a prize: employees, contractors, representatives, agents, directors, and officers of Poosh, LLC (“Sponsor”), and its parents, subsidiaries, or affiliated companies, marketing agencies, and any other parties involved in the administration of the Giveaway (Sponsor, collectively with the foregoing, the “Giveaway Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each. By participating in this Giveaway, entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor, which shall be final in all matters relating to the Giveaway.
- Giveaway Entry Period
The entry period for the Giveaway starts on December 10, 2019 at 9:00:00 AM PT and ends on December 13, 2019 at 4:59:59 PM PT (“Entry Period”). Sponsor’s computer is the official time keeping device for the Giveaway.
- How to Enter
NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE.
You may use the following method to enter the Giveaway.
Step 1: During the Entry Period, log on to your non-private Instagram account (or create a free account at www.instagram.com if you do not already have one).
Step 2: Follow @Poosh.
Step 3: Look for the post on @Poosh’s Instagram account announcing this Giveaway and requesting comments to the post in order to enter the Giveaway, and add a comment to the post that (i) tags another Instagram user, and (ii) includes the hashtag #pooshholidaygiftsIG for Instagram.
You may obtain a maximum of one (1) entry to participate in this Giveaway. Entries generated by script, macro, mechanical or other automated means are void. Multiple entries received from any person in excess of the stated limitation will be void.
Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Submissions that violate, as determined by the Sponsor, in its sole discretion, these entry requirements will be disqualified from the Giveaway.
This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor and not to Instagram. You agree to release Instagram from all claims arising out of, or in connection with, this Giveaway. Any questions, comments or complaints regarding this Giveaway should be directed to Sponsor and not to Instagram.
Entrant must be the authorized account holder of the e-mail address registered to the Instagram account and/or Instagram account used to enter the Giveaway. The “authorized account holder” is defined as the natural person to whom the e-mail address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a discrepancy between the identity of the authorized account holder, the “winner,” and the entrant, Sponsor reserves the right, in its sole discretion, to determine whether the entry is valid or to declare the entry invalid and select an alternate winner from a random drawing of all remaining eligible entries.
- Odds of Winning
Odds of winning depend on number of entries received.
- Winner Selection and Notification
On or about December 16, 2019, one (1) winner will be randomly selected from among all eligible entries received during the Entry Period. Sponsor will notify the winner on or about December 16, 2019 via a private message to the winner’s Instagram account used to enter the Giveaway.
If the winner does not respond to Sponsor’s first attempted notification within twenty-four (24) hours, Sponsor reserves the right to disqualify that winner and select an alternate winner from a random drawing of all remaining eligible entries.
- Prizes and Prize Claims
One (1) winner will win one (1) prize, which is a gift package consisting of the following, with approximate retail values (“ARV”) as follows:
one (1) Slipsilk Robe™ Robe – Black (ARV $500.00); one (1) Slipsilk Glam Headband – Black (ARV $55.00); one (1) Biossance Lactic Acid Serum (ARV $62.00); one (1) Biossance Squalane + Omega Repair Cream (ARV $58.00); one (1) Biossance Squalane + Marine Algae Eye Cream (ARV $54.00); one (1) WelleCo SUPER ELIXIR Greens – Lemon & Ginger, 300g (ARV $80.00); one (1) WelleCo card to redeem a full size caddy of WelleCo Super Elixir (ARV $135.00); one (1) Briogeo Don’t Despair, Repair! Deep Conditioning Mask (ARV $36.00); one (1) Briogeo Scalp Revival Charcoal + Coconut Oil Micro-Exfoliating Shampoo (ARV $42.00); one (1) Briogeo Rose Quartz Crystal Energy Comb (ARV $128.00); one (1) Briogeo Scalp Revival Stimulating Therapy Massager (ARV $16.00); one (1) Mark & Graham Small Travel Jewelry Case – no monogram/assorted colors (ARV $69.00); one (1) Mark & Graham Medium Jewelry Case – no monogram/assorted colors (ARV $99.00); one (1) Jenni Kayne Gift Card (ARV $250.00); one (1) Sportsheets Unity Vibe – Black (ARV $39.99); one (1) Jennifer Meyer Hammered Heart Necklace (ARV $750.00); one (1) TruMedic MagicHands™ truShiatsu™ Neck and Back Massager – Green (ARV $199.99); one (1) TruMedic Trushiatsu™ PRO Foot Massager with Heat (ARV $159.97); one (1)TreePeople Tree Dedication/Donation (ARV $25.00); one (1) Taschen Annie Leibovitz. The Early Years, 1970-1983 (ARV $50.00), one (1) Pottery Barn Ibiza Oversized Tote (ARV $79.00). The total ARV of all prizes offered in this Giveaway is $2,887.95.
The total ARV of each prize offered in this Giveaway is $2,887.95.
The winners are subject to verification of eligibility, including verification of age and residency, and winning is contingent upon fulfilling all requirements of these Official Rules. The prize is non-transferable and cannot be redeemed or exchanged for cash. No prize substitution is permitted, except at the sole discretion of the Sponsor. If a prize or component of the prize is unavailable or cannot be awarded for any reason, including if any clothing size communicated to Sponsor by the winner is not available, Sponsor reserves the right in its sole discretion to substitute a prize or component with one of comparable or greater retail value.
The prize carries no warranty other than that offered by the manufacturer. Sponsor has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including but not limited to its quality, mechanical conditions, or fitness for a particular purpose. The winners agree to look solely to the manufacturer for any such warranty, representation, or guarantee.
The winners are solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of a prize. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winners.
As a condition of receiving the prize, the winners must provide Sponsor with a valid mailing address and sizing information. Sponsor will pay for the cost of mailing the prize to the winners. The method of shipping and the carrier will be determined in the sole discretion of Sponsor. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winners.
Except where prohibited by law, by accepting a prize, the winners hereby grants Sponsor and its licensees a perpetual, worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the winners’ names, hometown, and likeness in any way, at any time, in any and all media, including for use in advertising and marketing, without limitation, without any additional approval or consideration.
- Limitations of Liability of Giveaway Parties
The Giveaway Parties assume no liability and are not responsible for, and by entering the Giveaway you hereby waive and release the Giveaway Parties from, any actions, claims, damages, losses or injuries of any kind (collectively “Claims”) arising in connection with the Giveaway and/or the receipt, use or misuse of any prize, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate transmission, winner notifications, prize claims or other information or communications relating to the Giveaway, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Official Rules, winner notifications or other announcements or communications relating to the Giveaway. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s). If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only a single prize from a random drawing of all eligible entries. In no event will more than the stated number of prizes (i.e., one prize) be awarded.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor may prohibit an entrant from participating in the Giveaway or winning the prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or any Giveaway Parties.
- Sponsor’s Reservation of Rights
Without limitation to Sponsor’s rights to discontinue or modify the Giveaway for any reason, if the Giveaway is not capable of running as planned for any reason, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, Sponsor reserves the right, at its sole discretion, to modify, suspend, or cancel the Giveaway. All Giveaway materials are subject to verification and are void if (a) not obtained through legitimate channels in accordance with these Official Rules, (b) any part is counterfeited, altered, illegible, reproduced, tampered with or otherwise irregular, (c) obtained where prohibited, or (d) they contain printing, typographical, mechanical or other errors.
- Governing Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of entrants and winners, and the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules.
- No Waiver/Severability/Right to Modify or Discontinue Giveaway
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Sponsor reserves the right to modify or discontinue the Giveaway at any time.
- Winner’s List
For the name of the winners, send an email to [email protected] Requests must be received no later than sixty (60) days after the end of the Entry Period.
21731 Ventura Blvd., Suite 300
Woodland Hills, CA 91364