(THE “PROMOTION”)
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN
THIS PROMOTION. VOID WHERE PROHIBITED.
A purchase will not improve chances of winning.
CONSUMER DISCLOSURE You have not yet won.
By entering this Sweepstakes, entrants accept and agree to be bound by these Official
Rules. Any violation of these rules may, at Administrator’s and/or Sponsor’s discretion,
result in disqualification. All decisions of the judges regarding this Promotion are final
and binding in all respects.
- PROMOTION PERIOD. Promotion begins 8:00 AM ET September 2, 2021 and ends
11:59 PM ET September 9, 2021 (“Promotion Period”). Entries and all supporting
materials must be submitted online at https://www.instagram.com/hercampus and
https://www.instagram.com/lunatabeauty/. - ELIGIBILITY. This Promotion is only open to legal residents of the United States
(excluding Alaska, Hawaii, and all United States owned territories and possessions) and
the District of Columbia who are at least 18 years old and no older than 24 years old as
of the date of Entry. Officers, directors, members, and employees of the Administrator,
Sponsor, the judging organization (if applicable), or any other party associated with the
development or administration of this Promotion, and the immediate family (i.e., parents,
children, siblings, spouse), and persons residing in the same household, as such
individuals are not eligible for this Promotion. This Promotion is void where prohibited. - HOW TO ENTER. Visit https://www.instagram.com/hercampus and
https://www.instagram.com/lunatabeauty during the Promotion Period and follow the
instructions to complete and submit your entry. Your entry and all supporting steps will
be deemed your “Submission.” Entrants represent and warrant that their Submission is
the original work of such entrant, it has not been copied from others, and it does not
violate the rights of any other person or entity. Entrant further represents and warrants
that their Submission adheres to the fundamental spirit of the Promotion and does not
contain any defamatory, obscene or otherwise unlawful matter or depict anyone
engaged in any illegal, immoral or lewd act, any violent or pornographic material or
contain any other inappropriate content (as determined by Administrator). All entrant
information, including e-mail addresses, is subject to the respective Privacy Policy of the
applicable Administrator. - WINNER SELECTION AND NOTIFICATION. Up to two (2) winners will be selected
in a random drawing conducted by the Administrator from among all eligible entries
received by the end of the Promotion Period. Odds of winning depend upon the number
of eligible entries. Winner agrees to be bound by these Official Rules and decisions of
the Sponsor, whose decisions are final on all matters relating to this Sweepstakes.
Any potential winner will be notified by Instagram direct message, mail, email and/or
telephone. If a potential winner: (i) cannot be contacted; (ii) does not respond within
three (3) days from the date the Administrator first tries to notify him/her; (iii) fails to
return the Affidavit and Release as specified in Rule 8; (iv) refuses the prize; and/or (v)
the prize or prize notification is returned as undeliverable, such potential winner forfeits
all rights to win the Promotion or receive the prize. Upon contacting a potential winner
and determining that he/she has met all eligibility requirements of the Promotion,
including without limitation the execution of required waivers, publicity and liability
releases and disclaimers, and, at Administrator’s discretion, successful completion of a
background check, such individual will be declared a “winner” of the Promotion. - PRIZE DESCRIPTION. There will be up to two (2) winners. Each winner will be
entitled to the following prize:
● One (1) Lunata Cordless Flatiron Styler Pro (Approximate retail value of
$250.00)
Winner agrees to accept the Prize “as is”, and entrants hereby acknowledge that
Sweepstakes Entities have neither made nor are in any manner responsible or liable for
any warranty, representation, or guarantee, express or implied, in fact or in law, relative
to the prize, including, without limitation, to the prize’s quality, merchantability or fitness
for a particular purpose or express warranties (if any) provided exclusively by a supplier
that are sent along with the Prize. Sponsor will not replace any lost or stolen Prize. If
prize notification or Sweepstakes-related communication is lost, rejected, faulty, or
returned as undeliverable, or if a winner cannot be contacted after a reasonable attempt
has been made by Administrator (as determined by Administrator in its sole discretion)
or is disqualified, the Administrator reserves the right to randomly choose an alternate
potential winner, in its sole discretion. Unclaimed prize(s) will not be awarded. Other
restrictions may apply. All federal, state, and local taxes on the prize are the sole
responsibility of each winner. - OWNERSHIP AND LICENSE. All entry materials become the property of the
Administrator and will not be acknowledged or returned. The copyright in any
Submission shall remain the property of the entrant, but entry into this Promotion
constitutes Entrant’s irrevocable and perpetual permission and consent, without further
compensation, with or without attribution, to use, reproduce, print, publish, transmit,
distribute, sell, perform, adapt, enhance, or display such Submission, and the entrant’s
name and/or likeness, for any purpose, including but not limited to editorial, advertising,
trade, commercial, and publicity purposes by the Administrator and/or others authorized
by the Administrator, in any and all media now in existence or hereinafter created,
throughout the world, for the duration or the copyright in the Submission. Administrator
and/or others authorized by the Administrator shall have the right to edit, adapt, and
modify the Submission.
- NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is
transferable. The prize cannot be exchanged for monetary value. All prize details shall
be determined by Sponsor in Sponsor’s sole and absolute discretion. Sponsor reserves
the right to substitute prize for one of equal or greater value in Sponsor’s sole and
absolute discretion. - CONSENT AND RELEASE. By entering the Promotion, each entrant releases and
discharges the Administrator, the Sponsor, judging organization (if applicable), and any
other party associated with the development or administration of this Promotion, their
parent, subsidiary, and affiliated entities, and each of their respective officers, directors,
members, shareholders, employees, independent contractors, agents, representatives,
successors and assigns (collectively, “Sweepstakes Entities”), from any and all liability
whatsoever in connection with this Promotion, including without limitation legal claims,
costs, injuries, losses or damages, demands or actions of any kind (including without
limitation personal injuries, death, damage to, loss or destruction or property, rights of
publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”).
Except where prohibited: (i) entry into the Promotion constitutes the consent of each
entrant, without further compensation, to use his/her name, likeness, biographical data,
contact information and his/her Submission for editorial, advertising, marketing,
publicity, and administrative purposes by the Administrator and/or others authorized by
the Administrator; (ii) acceptance of a prize constitutes a release by any winner of the
Sweepstakes Entities of any and all Claims in connection with the administration of this
Promotion and the use, misuse, or possession of his/her Submission or any prize; (iii)
any potential winner may be required to sign an affidavit of eligibility (including social
security number) and a liability/publicity/copyright release; and (iv) if prize involves
travel or activities, any potential winner and travel companion (if applicable) may be
required to execute releases of the Administrator from any and all liability with respect to
participation in such travel/activities and/or use of the prize. Fully-executed affidavits
and releases must be received by Administrator within three (3) days from the date that
Administrator first tries to notify the potential winner. Administrator may conduct a
background check to confirm any potential winner’s eligibility and compliance with these
rules. By entering, you agree to cooperate reasonably with any such background check.
If the prize includes participation in any public event(s) or publicity, or if Administrator
Entities intend to publicize the winner in any way, and if a background check reveals
that a potential winner has engaged in conduct that could damage the reputation or
business of any Sweepstakes Entity, as determined by Administrator in its discretion,
the potential winner may be disqualified and the prize may be awarded to an alternate
winner. If winner is deemed to be a minor under the jurisdiction of his/her residence, the
prize will be awarded in the name of his/her parent or legal guardian who must execute
the necessary affidavit and release.
- DISCLAIMERS. (i) Administrator is not responsible for entries that are lost, late,
misdirected, incorrect, garbled, postage-due or incompletely received, for any reason,
including by reason of hardware, software, browser, or network failure, malfunction,
congestion, or incompatibility at Administrator’s servers or elsewhere. In the event of a
dispute, entries will be deemed submitted by the authorized account holder of the e-mail
address submitted at the time of entry. “Authorized account holder” is defined as the
natural person who is assigned to an e-mail address by an Internet Access Provider,
online service provider, or other organization (e.g., business, educational institute) that
is responsible for assigning e-mail addresses for the domain associated with the
submitted e-mail address. (ii) Administrator, in its sole discretion, reserves the right to
disqualify any person tampering with the entry process or the operation of the web site
or otherwise attempting to undermine the legitimate operation of the Promotion. Use of
bots or other automated process to enter is prohibited and may result in disqualification
at the sole discretion of Administrator. (iii) Administrator or Sponsor further reserves the
right to cancel, terminate or modify the Promotion if it is not capable of completion as
planned, including by reason of infection by computer virus, bugs, tampering,
unauthorized intervention, force majeure or technical failures of any sort. (iv)
Sweepstakes Entities are not responsible for errors in the administration or fulfillment of
this Promotion, including without limitation mechanical, human, printing, distribution or
production errors, and may cancel, terminate or modify this Promotion based upon such
error at its sole discretion without liability. In no event will Sweepstakes Entities be
responsible for awarding more than the number of prizes specified in these rules. (v) In
the event this Promotion is cancelled or terminated, pursuant to subparagraph (iii) or
(iv), Administrator, in its sole discretion, may elect to select a winner from among all
eligible entries received up to the date of discontinuance for any or all of the prizes
offered herein. (vi) Sweepstakes ENTITIES MAKE NO WARRANTIES,
REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN
LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY
COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO
DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR
CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, Sweepstakes ENTITIES
RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING
WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE
FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The
value(s) of the prize(s) set forth above represent Sweepstakes Entities’ good faith
determination of the approximate retail value(s) thereof; the actual fair market value(s)
as ultimately determined by Sponsor are final and binding and cannot be challenged or
appealed. No substitution or compensation will be given for any portion of the prize that
is not used.
- APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all
applicable federal, state, and local laws and regulations. If any court of law, having the
jurisdiction to decide on this matter, rules that any provision of these Official Rules is
invalid or unenforceable, then that provision will be removed from the Official Rules, and
the remaining provisions of these Official Rules will remain in full force and effect.
Issues concerning the construction, validity, interpretation and enforceability of these
Official Rules shall be governed by the laws of the State of Massachusetts, without
regard to any principles of conflict of laws. All disputes arising out of or connected with
this Promotion will be resolved individually, and without resort to class action,
exclusively by a state or federal court located in Boston, Massachusetts. Should there
be a conflict between the laws of the State of Massachusetts and any other laws, the
conflict will be resolved in favor of the laws of the State of Massachusetts. To the extent
permitted by applicable law, all judgments or awards shall be limited to actual out-of-
pocket damages (excluding attorneys’ fees) associated with participation in this
Promotion and shall not include any indirect, punitive, incidental and/or consequential
damages. - WINNER LIST. For a list containing the names of the winners, send a self-
addressed stamped envelope, within six (6) months of the Judging Date, to: Winner List,
Lunata Cordless Flatiron Styler Pro x Her Campus Sweepstakes, Her Campus Media, 9
Lansdowne St., Suite 2, Boston, MA 02215. - SPONSORSHIP. This Promotion is Administered by Her Campus Media, 9
Lansdowne St., Suite 2, Boston, MA 02215 (the “Administrator”). This Promotion is
Sponsored by Lunata Beauty, 319-180 John Street, Toronto, Ontario M5T1X5
Canada (the “Sponsor”). This promotion is in no way sponsored, endorsed or
administered by, or associated with, Instagram.