By participating in our Truekind Self-Love Giveaway (the “Giveaway”) you fully accept these general terms and conditions (“Terms & Conditions”) and you acknowledge that you fulfill all eligibility requirements.
1. NO PURCHASE NECESSARY TO ENTER OR RECEIVE A PRIZE. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
2. GIVEAWAY ENTRANTS AND PRIZE RECIPIENTS MUST BE LEGAL RESIDENTS OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA, AND HAVE A VALID EMAIL ADDRESS.
3. THE ENTRANTS MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE, OR AT LEAST NINETEEN (19) IF A RESIDENT OF NEBRASKA OR ALABAMA, OR AT LEAST TWENTY-ONE (21) IF A RESIDENT OF MISSISSIPPI OR THE DISTRICT OF COLUMBIA.
4. THIS GIVEAWAY IS VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED BY LAW. PARTICIPATION IN THE GIVEAWAY CONSTITUTES ENTRANT'S FULL AND UNCONDITIONAL AGREEMENT TO FULLY COMPLY WITH THESE TERMS & CONDITIONS. WINNING A PRIZE IS CONTINGENT UPON FULFILLING ALL REQUIREMENTS SET FORTH HEREIN.
5. SPONSOR: The Sponsor of the Giveaway is Overnel S.A. (Dr. Luis Bonavita 1294 (WTC Montevideo Free Zone), 11300 Montevideo, Uruguay.
6. Employees or contractors of Overnel S.A. (hereinafter, the “Sponsor”), and each of its respective parent companies, subsidiaries, affiliated companies, distributors, divisions, advertising and promotion, fulfillment and/or judging agencies and dealers (such entities, hereinafter collectively referred to as the "Released Entities") and such employees' immediate family members and household members (whether or not related), are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state and local laws and regulations.
7. ENTRY PERIOD: Entries will be accepted online starting on February 13, 2021 at 12:01 AM PDT and ending on February 18, 2021 at 11:59 PM PDT (the “Entry Period”). That is, all online entries must be received latest by February 18, 2021 at 11:59 PM PDT.
8. HOW TO ENTER: All entrants may enter to win by: (1) Following @Shapermint and @The_Happy_Planner on Instagram, and (2) Liking the designated post made by the Sponsor on Instagram, and (3) tagging two friends. Failure to complete all steps shall cause the entry to be ineligible. Only one (1) entry per person shall be admitted. The entries of any persons attempting to enter more than once shall be discarded. Entries are the property of the Sponsor and will not be acknowledged or returned. Sponsor is not responsible for lost, late, incomplete, or otherwise misdirected entries that are processed late. All materials submitted become and shall remain the sole property of Sponsor, who may publish or cause to be published any of the entries received and which shall not be acknowledged or returned.
9. PRIZE RANDOM DRAWING: The ten (10) Prize Winners will be selected in a random drawing from among all eligible entries received throughout the Entry Period, on a date to be determined by the Sponsor at its sole discretion. The drawing will be conducted by a third party whose decisions on all matters relating to the Giveaway are final and binding in all respects. The potential winner will be contacted at the email address provided by the participant.
10. ODDS OF WINNING: The odds of winning the Prize will depend upon the total number of eligible entries received.
11. THE PRIZE: The prize shall consist of a total of four (4) gift boxes containing a $400 Shapermint Gift Certificate and (1) The Happy Planner Journal (total value of each gift box estimated at a value of $500 (five hundred dollars) each), one (1) of which shall be awarded to each of the four (4) winners at the conclusion of the Entry Period and the random draw. The prize winners are solely responsible for all federal, state, and local taxes (if any) on the value of their prize. No substitutions allowed. The prize is non-transferable.
12 CLAIMING PRIZE/RELEASES: Prize Winners will be contacted by Sponsor by February 19, 2021. Each winner must respond to the email correspondence within 5 days of the initial contact by Sponsor with the appropriate requested information. Requested information may include, but is not limited to, full name, date of birth, shipping address, current employer and contact information, copy of US identification card.
IF A SELECTED POTENTIAL PRIZE WINNER FAILS TO COMPLY WITH THE TERMS & CONDITIONS WITHIN THE DESIGNATED PERIOD, IS INELIGIBLE FOR THE PRIZE OR DECLINES A PRIZE, THE POTENTIAL PRIZE WINNER WILL BE DISQUALIFIED AND THE PRIZE WILL BE AWARDED TO AN ALTERNATE WINNER IN A RANDOM DRAWING FROM AMONG ALL REMAINING ELIGIBLE ENTRIES. ELIGIBILITY, AGE, AND CLAIMS MADE BY ANY POTENTIAL PRIZE WINNER ARE SUBJECT TO VERIFICATION.
Sponsor is not responsible for any fraudulent calls and/or e-mails made to entrants not by the Sponsor.
Acceptance of a prize constitutes permission by each Potential Prize Winner for Sponsor and/or its designees to use the Potential Prize Winner’s name, address, testimonial or other likeness and/or prize information or personal exposition (and/or any edited portion thereof) for promotional, advertising and/or publicity purposes in any media, now or hereafter known, throughout the world for a term of 10 years, without compensation or notice to, or further consent of, the Prize Winner the extent permitted by law.
13 GENERAL CONDITIONS: By submitting an entry, all entrants and Potential Prize Winners:
(a) agree to totally and completely release and hold harmless Sponsor and the other Released Entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in the Giveaway, or the acceptance, possession, use or misuse of any prize, and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery, regardless of whether any claim(s) for loss or damage under this paragraph, or knowledge of the facts constituting such claim(s), exist at the time of entrant’s entry into the Giveaway or arise at any time thereafter;
(b) acknowledge and agree that Sponsor and the other Released Entities have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, oral or written, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose; and,
(c) agree to fully comply with these Terms & Conditions.
Any person attempting to defraud or in any way tamper with the Giveaway will be ineligible for the prize and may be prosecuted to the fullest extent of the law.
14. LIMITATION OF LIABILITY: By entering, the entrant agrees to release and hold harmless the Sponsor and other Released Entities from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) the entrant’s participation in the Giveaway and the entrant’s acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Giveaway; (v) electronic or human error in the administration of the Giveaway or the processing of entries.
15. DISPUTES: This Giveaway is governed by the laws of Uruguay, without respect to conflict of law doctrines. as a condition of participating in this Giveaway, and the entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively through arbitration through the International Chamber of Commerce, in accordance to its Arbitration Rules. Further, in any such dispute, under no circumstances shall the entrant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than the entrant’s actual out-of-pocket expenses (i.e. costs associated with entering this Giveaway). The entrant further waives all rights to have damages multiplied or increased.
16. MISCELLANEOUS: All entries become the sole property of Sponsor and none will be returned. In the event of a dispute, entries made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. If for any reason the Giveaway is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of the Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, the Sponsor reserve(s) the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sponsor. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsor(s) on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Giveaway. The Sponsor may prohibit an entrant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, 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 ANA representatives. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ANA RESERVE(S) THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
18. COMMUNICATION OF THE GIVEAWAY ON SOCIAL MEDIA: The Sponsor may communicate the Giveaway on various social media platforms, including Facebook, Twitter, Pinterest, YouTube and Instagram. In light of this, the entrant fully acknowledges, accepts and is bound to the following. The entrant hereby agrees to release and hold harmless Facebook, Twitter, Pinterest, YouTube and Instagram from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) the entrant’s participation in the Giveaway and the entrant’s acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Giveaway; (v) electronic or human error in the administration of the Giveaway or the processing of entries. The entrant acknowledges and accepts that the Giveaway is in no way sponsored, endorsed, administered by or associated with Facebook, Twitter, Pinterest and/or Instagram. Neither Facebook, Twitter, Pinterest YouTube or Instagram shall assist the entrant with the Giveaway.
ENTRY TERMS & CONDITIONS
By participating in the Giveaway, I hereby grant Overnel S.A. and its affiliates and assigns (the “Sponsor”) the rights and permissions to use for a term of 10 years, my name, likeness, image, voice, recorded voice, appearance, biographical information, statements, performance and/or testimonial(s) (collectively, “Appearance”) in any manner and in any media, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing Sponsor’s products and services, without review, permission or compensation of any amount or kind whatsoever. The Sponsor shall have complete ownership of any recording, product, copy, presentation or other material or file containing or featuring my Appearance (“Product”), including copyright interests, and I acknowledge I have no interest or ownership in the Product (or any portion thereof) or its copyright. This grant includes without limitation the right for Sponsor to edit, abridge, augment, title, or create a compilation from my Appearance in whole or part as Sponsor may elect in its sole discretion.