SPECIFIC CONTEST TERMS
Timing: The Contest begins on 31/08/2023 at 9am PST and ends on 30/9/2023 at 11:59pm PST (the “Contest Period”). How to Enter: Complete the 2023 Your Choice Awards survey. No automated entry devices and/or programs permitted. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries or mail, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor.
By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
1 Winner – Will win the top product per category in the Your Choice Awards. Total Value is up to $700 AUD of free skincare products. Entry is by entering in email after completing Your Choice Awards.
OFFICIAL CONTEST RULES AND REGULATIONS (THE “RULES”)
ON OCCASION, PAULA’S CHOICE, LLC ( “SPONSOR”) WILL RUN CONTESTS (EACH A “CONTEST”) FOR INDIVIDUALS TO WIN PRODUCTS OR OTHER PRIZES. VOID WHERE PROHIBITED BY LAW. PRIZE WINNERS WILL BE REQUIRED TO SIGN A DECLARATION OF ELIGIBILITY AND ENTER INTO A RELEASE OF LIABILITY.
BY ENTERING A CONTEST, YOU UNCONDITIONALLY AND IRREVOCABLY AGREE TO BE BOUND BY THESE RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS CONTRACT INCLUDES A LIMITATION OF YOUR LEGAL RIGHTS AND REMEDIES.
Terms for Giveaways:
Your participation in any Contest is subject to and governed by the Rules set forth herein, along with any terms outlined in the specific Contest (the “Specific Contest”). If there is a conflict between these Rules and the terms outlined in the Specific Contest (“Specific Contest Terms”), the Specific Contest Terms will govern.
Social Media Disclosure:
Each Contest is open to all residents of Australia and New Zealand who have reached the age of majority in their country, state or territory of residence as of the first day of the Contest Period. Sponsor, and its affiliates, franchisees, subsidiaries, and advertising and promotional agencies are collectively referred to herein as the “Contest Entities”. Employees of the Contest Entities and each of their immediate family members and/or those persons living in the same household (whether legally related or not) are all ineligible to enter or win a Contest. Each Contest is subject to all applicable federal, state, territorial, local and municipal laws.
Contest Period. Each Contest begins and ends on the time and date outlined in the Specific Contest Terms, according to Sponsor’s internal time clock. All times are listed in Australia Eastern Time.
Only one entry per natural person per Contest. Unless otherwise noted in the Specific Contest, you may only enter one time. Multiple entries will not increase your chances of winning (you will still only receive one entry). If you enter more than once in a Contest, only your last eligible entry will be counted.
You may enter as many current Contests as you are otherwise qualified to enter. In any given year, if your winnings exceed $600, your winnings may be considered a taxable event by the Australian or New Zealand government, and Sponsor may be required to issue you a tax form.
How to Enter. Follow the instructions contained in the Specific Contest to enter. In some cases, you may be asked to enter through a social media channel. In that case, you must have an account on that social media channel. All social media channels Sponsor uses to launch Contests are free to join and Sponsor makes commercially reasonable efforts to make sure Contests follow the guidelines set forth by the social media channel for promotions of that nature. IN ALL CASES WHERE YOU ARE REQUIRED TO PLACE HASHTAGS ON THE ENTRY, ALL HASHTAGS MUST BE INCLUDED OR YOUR ENTRY WILL NOT BE ELIGIBLE FOR THE SPECIFIC CONTEST. SPONSOR IS NOT RESPONSIBLE FOR LOST, LATE, ILLEGIBLE, STOLEN, INCOMPLETE, INVALID, UNINTELLIGIBLE, MISDIRECTED, TECHNICALLY CORRUPTED OR GARBLED ENTRIES, WHICH WILL BE DISQUALIFIED, OR FOR PROBLEMS OF ANY KIND WHETHER MECHANICAL, HUMAN OR ELECTRONIC. PROOF OF SUBMISSION WILL NOT BE DEEMED TO BE PROOF OF RECEIPT BY SPONSOR.
The prize, the number of prizes, and the individual and total retail values of those prizes are listed in the Specific Contest Terms. The winner understands and agrees that the Sponsor has the right, in its sole discretion, to disqualify the winner at any time if the winner’s behavior is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of Sponsor. No extensions of time will be permitted, and the prize cannot be exchanged, transferred, or substituted for cash except that Sponsor reserves the right to offer a comparable prize in the event of an Act of God or other unforeseen circumstances. The prize winner will not be entitled to receive, in cash, certificate, or otherwise, the balance of any amount representing the retail value of the prize.
Additional Details Applicable to the Prizes:
No transfers, cash redemptions, or prize substitutes will be awarded or honored. If a prize winner does not accept or use the entire prize awarded to him or her, the unaccepted or unused part of the prize will be forfeited, and Sponsor will have no further obligation to the winner with respect to that prize or portion of the prize. Any and all taxes assessed as a result of receiving the prize will be the responsibility of the winner. All expenses not specifically listed herein are the responsibility of the winner.
A random draw determines each winner. The odds of winning a prize will depend upon the total number of entries received. A representative of the Sponsor will notify the selected entrant by message, phone and/or email, such method to be determined in the Sponsor’s sole discretion, within approximately one (1) week of the draw dates. If a selected entrant cannot be reached within ten (10) days (or such other deadline as may be stipulated by the Sponsor in its sole discretion) or if any Contest-related communication is rejected, faulty, or returned as undeliverable (as determined by the Sponsor in its sole discretion), that selected entrant may be disqualified and another entry may be randomly selected. This process will be repeated if the new entrant cannot be reached until the representative of the Sponsor is able to successfully contact a selected entrant. Unless otherwise noted, the selected entrant will be announced publicly using the social media channel on which the Contest was launched. The Contest Entities are not responsible for and will not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the selected entrant.
Contest results and/or a copy of these Rules may be obtained by sending an email to email@example.com specifying what is being requested with the following email subject: 2023 Your Choice Awards
1. If any Contest entry is submitted or obtained through fraudulent means or is in any way tampered with, it will be disqualified; such decision to be made by the Sponsor in its sole discretion.
2. Entries submitted become the property of the Sponsor and none will be returned. No correspondence will be entered into except with the selected entrants. Entries that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, illegible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void.
3. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address.
4. All decisions of the Sponsor are final.
5. The Sponsor reserves the right to substitute prizes or prize components as well as to cancel or modify any Contest or any prizes for any reason at any time without notice, all in the Sponsor’s sole discretion.
6. The Sponsor is not responsible for printing, distribution, or production errors and may terminate, modify, or withdraw any Contest if any related materials are found to contain such errors, without liability and without notice, at their sole discretion.
7. The Sponsor assumes no responsibility for lost, stolen, delayed, damaged, or misdirected entries, for any problems or technical malfunction of any telephone network or lines, computer online systems, computer equipment, software, e-mail delivery, or failure or delay of any e-mail, correspondence, or entry to be received. The Sponsor reserves the right to cancel or suspend any Contest should a virus, bug, or other cause beyond their reasonable control corrupt the security or proper administration of the applicable Contest. Entrants agree to abide by these Rules and the decisions of the Sponsor, which are final.
8. Each winner will be required to promptly sign and return to the Sponsor a declaration of eligibility and enter into a release of liability in favor of the Contest Entities or the winner’s prize will be forfeited.
9. Sponsor may conduct a background check to confirm any potential winner’s eligibility and compliance with these Rules. By entering a Contest, each winner agrees to cooperate reasonably with any such background check. If a prize includes participation in any public event(s) or publicity, or if Sponsor intends 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 Sponsor or any Contest Entity, as determined by the Sponsor in its sole discretion, the potential winner may be disqualified and the prize may be awarded to an alternative winner.
10. BY ENTERING THE CONTEST, EACH ENTRANT HEREBY EXPRESSLY RELEASES EACH OF THE CONTEST ENTITIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY THE “RELEASEES”) FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS, EXPENSES, AND LIABILITY SUFFERED OR INCURRED BY THE ENTRANT ARISING FROM THE ENTRANT’S PARTICIPATION IN THE CONTEST INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, ILLNESS, DEATH, DAMAGE TO OR LOSS OF PROPERTY, POSSESSION, ACCEPTANCE AND/OR MISUSE OF ANY PRIZE, PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY AND MERCHANDISE DELIVERY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT WILL THE RELEASEES BE LIABLE TO AN ENTRANT, OR TO ANY WINNER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR PURE ECONOMIC LOSS, AND IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE RELEASEES TO ANY ENTRANT, OR WINNER EXCEED THE LESSER OF: (I) THE DIRECT DAMAGES SUFFERED OR INCURRED BY SUCH PERSON; OR (II) THE SUM OF ONE HUNDRED US DOLLARS ($100.00 USD), REGARDLESS OF THE CAUSE OF ACTION, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY. PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND THE RELEASEES DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO ANY CONTEST OR PRIZES.
11. When you submit (or attempt to submit) your entry you automatically grant to Sponsor and its affiliates, an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sub-licensable, non-exclusive right and license to display, distribute (including, without limitation, through third-party sites, blogs, microblogs and other social networking media and Internet resources), store, host, broadcast, webcast, transmit, distribute, tag, reproduce, edit, modify, delete, create derivative works, and/or otherwise use, reuse, assign, and/or otherwise exploit your submissions and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your submissions, in any manner, medium or content now known or hereinafter devised, for any purpose, as determined solely in Sponsor’s (or its authorized designees/licensees') sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. Without limiting the foregoing, by participating in a Contest, each entrant: (i) expressly acknowledges and agrees that he or she will be responsible for the content of his or her submissions and for any consequences that may arise therefrom; (ii) grants to the Sponsor the right to use the information contained in his or her Contest entry (“Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Contest winner; (iii) grants to the Sponsor the right to use the Information, photograph, or such other personal information as the entrant may disclose to the Sponsor for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation, unless prohibited by law; and (iv) acknowledges that the Sponsor may disclose the winner’s Information or personal information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (ii) and (iii) above.
12. If for any reason, in the opinion of the Sponsor, in its sole discretion, the Sponsor is not capable of administering a Contest as originally planned, or if the administration, security, fairness, integrity, or the proper conduct of the Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond their control, then the Sponsor reserves the right to cancel, terminate, modify, amend, extend, or suspend the Contest, and/or select a winner from previously received eligible entries.
13. Disputes regarding these Rules or any Specific Contest Terms will be governed by the laws of the State of New South Wales, Australia, and each party further consents to exclusive jurisdiction by the courts sitting in New South Wales, Australia. In the event that any legal or administrative proceeding is brought by either party, the prevailing party shall be entitled to recover reasonable attorneys’ fees and court costs from the non-prevailing party.
14. “Paula’s Choice” is a registered trademark of Paula’s Choice, LLC.