Love Wellness Advisor Giveaway Terms and Conditions
Love Wellness Advisor Giveaway November 2020
GIVEAWAY TERMS AND CONDITIONS
- Eligibility: This sweepstakes, giveaway, promotion (the “Giveaway”) is subject to the eligibility and other restrictions listed in the social media, email or web post specifying the details of the Giveaway (the “Giveaway Post”). Employees, officers, directors, and shareholders of Ogilvie Brands, Inc., dba Love Wellness (“Love Wellness”) and their respective parent, subsidiaries, limited liability and affiliated companies, and individuals providing services to Love Wellness or any of its affiliated companies through an outsourcer or temporary employment agency (collectively the "Giveaway Entities") as well as the immediate family (spouse, parents, siblings, and children) and household members of such employees, officers, directors and individuals are not eligible. Void where prohibited or restricted by law or regulatory agency. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Love Wellness's decisions, which are final and legally binding in all matters related to the Giveaway. Winning the prize is contingent upon fulfilling all requirements set forth in these Official Rules.
- To Enter: participants must meet the requirements and/or take the actions set forth in the Giveaway post. No purchase is necessary however internet access and a valid social media account may be required. All Giveaway entries must be received by Love Wellness by no later than the end of the Giveaway Period. All competition entries received after the Giveaway Period are automatically disqualified. Delivery of the prize(s) may be delayed due to current circumstances out of the control of Love Wellness.
- LIMIT: One (1) entry per person regardless of the method of entry over the Giveaway Period. Entries made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Giveaway. Tampering with the entry process or the operation of the Giveaway is prohibited, and any entries deemed by Love Wellness, in its sole discretion, to have been submitted in this manner will be void. Love Wellness’s computer server will be the official timekeeper for all matters related to this Giveaway. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet Access Provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant is not a winner of any prize, even if the Giveaway should so indicate, unless and until entrant’s eligibility and the potential winning entry has been verified and entrant has been notified that verification is complete.
- Notification of Winner/Drawing: One random drawing will be conducted on the drawing date specified in the Giveaway Post from all eligible entries received. Conduct of the Giveaway and the drawing are under the supervision of Love Wellness. The potential prize winner will be notified by direct message on Instagram (to the handle used to submit the Entry) or by phone, email or express mail, whichever is deemed appropriate by Love Wellness, using the contact information provided at the time of entry. Love Wellness shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential winner for any reason. Entrants should ensure their Instagram settings permit direct messages to be received. If, despite reasonable efforts, any potential prize winner does not respond within two (2) days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable such prize winner will forfeit his or her prize and an alternate winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected.
- The Prize: The prize winner will receive the prize specified in the Giveaway Post available at the time of the Giveaway. Love Wellness reserves the right, in its sole discretion, to replace the prize with an alternative prize of equal or greater value if circumstances beyond Love Wellness’s control make it necessary to do so. There is no cash alternative for the prize.
- Love Wellness General Terms: By registering to enter this Giveaway, you affirm that you have read and accepted these Official Rules. Love Wellness reserves the right to cancel, suspend and/or modify this Giveaway, or any part of it, at any time, if any fraud, technical failure or any other factor beyond Love Wellness's reasonable control impairs the integrity or proper functioning of this Giveaway, as determined by the Love Wellness. Love Wellness reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of this Giveaway or to be acting in violation of these Official Rules, and Love Wellness reserves the right to disqualify any participant who acts in a manner contrary to the spirit or intention of the competition or otherwise submits content that is obscene, offensive, derogatory, illegal or otherwise inappropriate, in the discretion of Love Wellness. Any attempt by any person to deliberately undermine the legitimate operation of this Giveaway may be a violation of criminal law, and should an attempt be made, Love Wellness reserves the right to seek damages from any such person to the fullest extent permitted by law. Love Wellness's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
By entering this giveaway and/or accepting any Prize, entrant: releases, discharges and agrees to indemnify and hold harmless the social media platform hosting the Giveaway Post, Love Wellness, and its parents, subsidiaries, limited liability and affiliated companies and advertising and Giveaway agencies, and each of their respective shareholders, officers, directors, employees, members, agents and assigns, (collectively, the “Released Parties”) from liability of any kind or nature for any loss, claims, damages, or injuries of any kind resulting in whole or in part, directly or indirectly from entrant’s participation in this giveaway or from the acceptance and use/misuse of the Prize.
Love Wellness is not responsible for: (1) any incorrect or inaccurate information in connection with this giveaway, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in this Giveaway; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, networks, hardware and/or software failures; (3) unauthorized human intervention in any part of the entry process or this giveaway; (4) technical or human error which may occur in the administration of this giveaway or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in this giveaway or receipt or use or misuse of any Prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole and exclusive remedy is another entry in this Giveaway, provided that the entry Giveaway Period has not ended. If this Giveaway is canceled, suspended or modified, Love Wellness, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Prizes offered herein. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Love Wellness reserves the right to award only the stated number of Prizes by random drawing among all legitimate, un-awarded, eligible prizes claims. If for any reason any aspect of this Giveaway is not capable of running as planned, Love Wellness may in its sole discretion cancel, terminate, modify or suspend the promotion, or invalidate any affected entries (this includes, without limitation, by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of Love Wellness which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion).
Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, this giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and the venue for such litigation shall be the U.S. District Court for the state of New York; provided that, if for any reason the federal court for the state of New York will not or cannot hear such action or proceeding, the venue for such litigation shall be the courts of the State of New York. Entrant irrevocably waives any objection, which entrant may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions, including any objection to the laying of venue based on the grounds of forum non conveniens and any objection based on the grounds of lack of in persona jurisdiction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Love Wellness in connection with this giveaway, shall be governed by, and construed in accordance with, the laws of the State of New York of the United States of America, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. By participating in this giveaway, you HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THAT MAY EXIST TO HAVE A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON OR ARISING OUT OF, UNDER, OR IN ANY WAY CONNECTED WITH, THIS GIVEAWAY.