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Instagram & Facebook Giveaway

Terms & Conditions

§1 General

1. The Promoter is Asambeauty GmbH (hereinafter „Promoter“) whose registered office is at Feringastr. 12a, 85774 Unterfoehring.

2. The asambeauty Instagram Giveaway is open only to legal residents of the fifty (50) United States and Washington, D.C. who are eighteen (18) years of age or older as of date of entry. Void outside United States or where prohibited by law. Giveaway is governed exclusively by the laws of the United States.

3. There is no entry fee and no purchase is necessary to enter or win the Giveaway, and a purchase will not increase your chances of winning.  If you enter the Giveaway via your mobile device, your carrier’s standard data and messaging rates will apply.  

4. Your entry is subject to all terms and conditions contained herein (the “Official Rules”).  BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES CERTAIN RELEASES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY.

5. The Giveaway is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any third party. By participating, you hereby release and hold harmless Instagram from any and all liability associated with this Giveaway. You understand that you are providing your information to Promoter and not to Facebook or Instagram. The information you provide will only be used for the purpose of this Promotion.

§2 Giveaway process

1. The Giveaway begins at 10:00 AM Eastern Time (“ET”) on 22.09.2021 and ends at 12:00 PM ET on 24.09.2021 (the “Giveaway Period”). After this date no further entries to the Giveaway will be permitted.

2. By entering this Giveaway, an entrant is indicating its agreement to be bound by these terms and conditions.

3. An Instagram account is required to enter this Giveaway. An Instagram account can be opened for free at https://www.instagram.com, By entering this Giveaway via Instagram, the entrant agrees to abide by Instagram’s policies which can be found on https://help.instagram.com/478745558852511 .

4. How to enter: During the Giveway Period, follow all the below steps to enter the Promotion:

  • Follow the Instagram asambeauty: @asambeauty_us

  • Navigate to a post on Promoter’s Instagram account marked with the word “GIVEAWAY” (the “Giveaway Post”), and then:

  • Click the "Like" button to like the Giveaway Post; and

  • Comment in response to the following prompt in the Giveaway Post: "comment your favorite makeup product".

5. Winner Selection: The winner will be chosen at random by a representative of Promoter on or about 27.09.2021 out of all qualified entries received during the Entry Period.

6. Winner Notification: Potential winner will be notified on or around 27.09.2021 by receiving a reply under their comment in the Giveaway Post. The potential winner will be requested to send separately by e-mail to social.media@asambeauty.com or in the direct messages its contact data required for shipping the prize (full name, complete mailing address, telephone number and email address). The contact data provided by the winner will enable the Promoter to send the prize by the shipping method, chosen by the Promoter.

7. If the potential winner does not provide the requested information by 14:00 PM ET on 28.09.2021 at the latest, or if Promoter determines in its sole discretion that the potential winner is not eligible to win a prize or has not complied with these Official Rules, the potential winner’s claim to the prize will be forfeited and a new winner will be selected in its place. Upon forfeiture of any prize, no compensation will be given. Limit one (1) prize per person or household.

8. Prize Shipping: After receiving the winner’s contact details, the prize will be shipped to the winner at the mailing address provided by the winner. The Promoter will notify the winner by mail, personal Instagram message, or email notification of when and where the prize will be delivered.

9. The prize will be shipped at the cost of the Promoter and by a shipping method chosen by the Promoter.

10. Promoter may disqualify any entry (each, a “Submission”) in the event the Submission (i) is deemed to be disparaging of Promoter, its brands, or anyone else; (ii) contains use of profanity, obscenity, nudity, or sexual content; (iii) promotes the use of drugs (legal or illegal), tobacco, or firearms or other weapons; (iv) promotes bigotry, racism, hatred, harm, or violence against any group or individual or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; (v) promotes any brand other than Promoter’s products; (vi) promotes any particular political party or agenda; (vi) violates the copyright, trademark, trade dress, or publicity or privacy rights of any third party; or (vii) communicates any message or image inconsistent with the positive image and/or goodwill Promoter wishes to project.

§3 Prize

1. The prize is as follows: 5 winners will each receive 1 M. Asam Magic Finish Make-up Mousse 30ml.  The approximate retail value (“ARV”) of each prize is $31,00 (USD).  The ARV of all prizes is $ 155,00

2. All Giveaway prize details are at Promoter’s sole discretion.  Prize is awarded “as is”. No substitution, transfer, or cash equivalent of a prize is permitted except by the Promoter, who reserves the right to substitute a prize with one of equal value, at its sole discretion, or in the event a prize becomes unavailable for any reason. In the event of a substitution, the winner is not entitled to any claims against the Promoter or any legally associated companies.

3. The prizes are not transferable.

4. All federal, state, and local taxes, fees, and surcharges on any prize are the sole responsibility of the winner of the prize.

5. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.

§4 Eligibility

1. The Giveaway is open only to legal residents of the 50 States of the United States, and Washington DC, who are at least 18 years of age at the time of entry. The Giveaway is not valid in U.S. territories, or where Giveaways are prohibited or restricted by law.

2. The following are not eligible to enter or win: Employees of the Promoter, employees of companies affiliated with the Promoter, members of their immediate family, freelancers and regular employees of companies and agencies who are engaged in the development, organisation and implementation of the Giveaway.

3. The Promoter may disqualify anyone from participating in the Giveaway or winning a prize (and void all associated entries) if, in its sole discretion, it determines that such person is attempting to tamper or undermine the legitimate operation of the Giveaway, or intending to annoy, abuse, threaten or harass any other entrant or Promoter’s representatives.

4. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.

5. The Promoter can require from the winner a proof of its identity, age, address, and any other information that the Promoter deems reasonably necessary to verify the winner’s eligibility. In the case that such proof is not provided on time, this may lead to disqualification from the competition or loss of the right to win.

6. No responsibility can be accepted for entries not received for whatever reason.

§5 License and Release

Participation in the Giveaway and acceptance of prize constitute winner’s permission for Promoter or its agents to use the winner’s name, likeness, photograph, voice, biographical information, social media handle, Submission, and/or any statements made by each winner regarding the Giveaway or Promoter for purposes of trade, publicity, or promotion without notice or additional compensation, except where prohibited by law. Entrants explicitly authorize By participating and/or accepting a prize, entrants and winners, acknowledge and agree to release and hold harmless Promoter, Promoter’s advertising and promotional agencies, Facebook, Instagram, and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors (“Released Parties”) from any and all liability for loss, harm, damage, injury, cost, or expense whatsoever, including, without limitation, property damage, personal injury, and/or death that may occur in connection with, preparation for, travel to, or participation in the Giveaway, or participation in, possession, acceptance, and/or use or misuse of any prize or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation or invasion of privacy, and merchandise delivery. Promoter is not responsible if any part of a Promotion prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, or acts of terrorism. Promoter shall not be liable for any loss or damage to personal belongings. Entrants who do not comply with these Official Rules or who attempt to interfere with this Promotion in any way shall be disqualified.

§6 Additional Terms

1. The Promoter reserves the right to cancel, terminate or amend the Giveaway without prior notice and without giving reasons. The Promoter makes use of this possibility in particular if for legal reasons a proper execution cannot be guaranteed, including without limitation if the integrity of the Promotion becomes or is likely to become compromised in any way, including due to infection by computer virus, bugs, tampering, unauthorized intervention, automated entries, requests, fraud, technical failure, human error, or any other cause beyond the control of Promoter that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Promotion.

2. No automated devices, bots, and/or other programs and/or software are permitted. All entries become the sole and exclusive property of Promoter and will not be acknowledged or returned. No mass or mechanically reproduced, photocopied, altered, or forged entries will be allowed. Delivery of a prize will require a street address located within the fifty (50) United States or the District of Columbia. Promoter is not responsible for lost, late, illegible, stolen, torn, altered, incomplete, invalid, unintelligible, misdirected, technically corrupted, garbled, or postage-due entries, which will be disqualified, or for problems of any kind, whether mechanical, human, or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Promoter. Promoter is not responsible for any problems or technical malfunctions of any telephone networks or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Promoter on account of technical problems or traffic congestion on the Internet or at any website, 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 of any materials in the Giveaway.

3. In case of a dispute as to the identity of any entrant, an entry will be deemed made by the authorized account holder of the e-mail address used to create the relevant account. 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 Promoter with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.

4. Promoter and its agents are not responsible for printing, distribution, or production errors and may, in their sole discretion, rescind, cancel, suspend, modify, or revoke this Promotion based upon any such error without liability. If by reason of a printing, computer, or other error more prizes are awarded in a prize category than the number set forth in these Official Rules, all persons purportedly making valid claims will be included in a random drawing to award the advertised number of prizes available. In no case will more than the advertised number of prizes be awarded. Antifraud detection devices may be used for verification purposes. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.

Promoter’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Headings are solely for convenience and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.

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, Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law.

IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO, AND USE OF, THE WEBSITES AND/OR THIS GIVEAWAY, OR ENTRANT’S DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE GIVEAWAY.

§7 Privacy Policy

1. The Promoter respects applicable data privacy regulations and is committed to compliance with the European Union’s General Data Protection Regulation (GDPR).

2. Upon entrant’s submission of an entry, personal data such as last name, first name, etc. is provided, depending on the entrant’s profile settings. Any personal data relating to the winner or any other entrant will be used solely to administer the Giveaway, determine the winner and delivering the prize. The data will not be used for any other purpose.

3. After the Giveaway has been carried out and completed, all personal data in Promoter’s possession will be deleted, unless the entrant has explicitly requested or agreed otherwise.  However, Promoter is not obligated to delete the Submissions and/or any personal data posted by entrants on Promoter’s Instagram page.

4. Personally identifiable information that is submitted by entrants as part of this Giveaway will be treated in accordance with the Promoter’s privacy policy accessible on its website. For further information about Promoter’s privacy practices, see: https://www.asambeauty.com/datenschutzbestimmungen

https://www.asambeauty.com/us/dataprotection

§8 Final provisions

1. Should one or more provisions of these Terms and Conditions be or become invalid, inadmissible or unenforceable, this shall not affect the validity of the remaining provisions.

2. The conditions of participation can be changed at any time without prior notice.

3. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Giveaway. Any controversy or claim arising out of, or relating to, these Official Rules and/or the Giveaway shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS AND RULES. For any matters that are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Giveaway, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to New York City, New York. The parties agree not to raise the defense of forum non convenient.

 

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