NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. "Black Friday” Giveaway (the "Giveaway") is sponsored by Avarelle Cosmetics ("Sponsor").
THE GIVEAWAY IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
“Launch Party” Giveaway (the "Giveaway") is sponsored by Avarelle Cosmetics (the "Sponsor") and administered by Avarelle Cosmetics (the "Administrator") located at 235 Pegasus Ave, Northvale, NJ 07647. For the purposes of the Giveaway, the "Giveaway Group" is composed of the Sponsor and the Administrator, together with their affiliates and related companies, including without limitation their parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Giveaway, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Giveaway and their respective officers, directors, employees, agents, and other representatives.
1. GIVEAWAY PERIOD The Giveaway starts on October 1, 2021 at 09:00 a.m. Eastern Standard Time ("EST") and ends on November 22, 2021 at 9:00 a.m. EST (the "Giveaway Period").
2. Eligibility: The Avarelle Cosmetics Giveaway is open to all legal residents of the United States of America who sign up at https://www.avarelle.com/pages/giveaway. All participants must be at least 18 years of age or older or the age of majority in their jurisdiction of residence, whichever is older, (residents of Alabama or Nebraska must be at least 19 years old; residents of Mississippi must be at least 21 years old), at the time of entry; and possess a valid form of identification. Persons identified as "Blocked Persons" or persons subject to applicable sanctions, prohibitions, including, without limitation, those persons listed on the U.S. Department of Treasury Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List are not eligible to participate in the Giveaway. All applicable federal, state and local laws and regulations apply. Void where prohibited, restricted or where Giveaway Group would be subject to a tax by law. Excluded from eligibility are officers, directors, employees, agents and representatives of Giveaway Group, each of its respective parent, affiliated or related companies, agencies, suppliers of the materials and services related to this Giveaway, and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and sales representatives (collectively above, the "Eligibility Criteria").
3. Agreement to Rules: By entering this Giveaway, the Entrant (“You”) agrees to abide by the Sponsor's and Administrator's Official Rules and decisions, which are fully and unconditionally binding in all respects. The Sponsor and the Administrator reserve the right to refuse, withdraw, or disqualify any entry at any time at the Sponsor’s and Administrator's sole discretion. By entering this Giveaway the You represents and warrants that You are eligible to participate based on eligibility requirements explained in the Official Rules. You also agree to accept the decisions of the Sponsor and Administrator as final and binding as it relates to the content of this Avarelle Giveaway.
4. How to Enter: Internet access required at entrant’s cost. An individual meeting the Eligibility Criteria may enter the Giveaway during the Giveaway Period by
- Submitting an entry via the online form provided as https://www.avarelle.com/pages/giveaway.
- Opt-in to receive email marketing messages from Avarelle Cosmetics;
- Complete the Giveaway entry form (submit email address);
- Accept the terms, conditions and Official Giveaway Rules; Submit your email entry;
- As a participant, your entry must fully meet all Avarelle Giveaway requirements, as specified in the Official Rules, in order to be eligible to win a prize.
- Incomplete entries or those that do not adhere to the Official Rules or specifications will be disqualified at the Sponsor's and Administrator's sole discretion.
Submit your email entry:
- Methods of entry (up to 41 entries per person/email address):
- Enter your email address at https://avarelle.com/pages/giveaway/ (+10 Entry)
- Opt-in to receive email marketing messages from Avarelle (+1 Entry)
- Subscribe to our YouTube channel (+10 Entries) Follow us on Instagram (+10 Entries)
- Follow us on Facebook (+10 Entries)
- Incomplete entries or those that do not adhere to the Official Rules or specifications will be disqualified at the Sponsor's and Administrator's sole discretion.
Maximum number of entries per person 41. Requests for confirmation of # of entries earned will not be acknowledged.
5. DRAWING On: November 22, 2021 (the "Draw Date") a random draw will be conducted by Sponsor, from all eligible Entries that are timely received in accordance with Section 3 to select One (1) Potential Winner. See Prize Claim Conditions in Rule 6 below. Odds of being selected as eligible to win a Prize in this Giveaway will depend on the total number of eligible Entries timely received in accordance with Section 1.
6. PRIZE CLAIM CONDITIONS: Entrants selected as a potential winner ("Potential Winner") are subject to verification of eligibility and compliance with these Official Giveaway Rules. Each Potential Winner will be notified by Giveaway Group within approximately twenty four (24) hours of the Draw Date at the email account provided during the entry process.
Potential Winners: in order to be eligible to be determined a Winner must:
(i) complete and return to Giveaway Group (or its authorized agent) by the deadline specified in the documents a written affidavit of eligibility (or declaration and release) and publicity release form (collectively, the "Release"), releasing the Giveaway Group from any liability in connection with this Giveaway or the acceptance, possession, use or misuse of any Prize;
(ii) complete all tax documentation required by the law of the jurisdiction in which the Potential Winner resides ("Tax Documentation"); and
The Giveaway Group will attempt to notify each Potential Winner a maximum of two times. If a Potential Winner does not respond within two (2) calendar days of first attempt by Giveaway Group or its agent, Giveaway Group will make a second and final attempt to notify the Potential Winner. Return of any Prize or winner notification as undeliverable, inability to reach a Potential Winner or failure of a Potential Winner to respond to notification within two (2) calendar days of second attempt by Giveaway Group or its agent, failure to provide proof of eligibility (if requested), Release documents, Tax Documentation or other required documentation in a timely manner, or other non-compliance with these Official Giveaway Rules may result in disqualification, forfeiture of the Prize and, at Giveaway Group’s sole discretion, selection of an alternate eligible entrant for the forfeited Prize at random from all remaining eligible Entries received, who will be subject to disqualification in the same manner.
Prizes (4 winners):
Grand Prize (1 winner): (1)$100, (1) Package of Acne Cover Patch Original 40, and (1) Package of Acne Spot Patch PM, valued at $132.00 usd given to 1 winner.
Second Prize (1 winner): (1)$50, (1) Package of Acne Cover Patch Original 40, and (1) Package of Acne Cover Patch FIT, valued at $72.99 usd given to 1 winner.
Third Prize (2 winner): (1)$25, (1) Package of Acne Cover Patch Original 40, and (1) Package of Acne Cover Patch XL, valued at $84.00 usd given to 2 winner.
4 winners total. Total estimated retail value of all prizes: $288.99usd.
No one contestant can win more than one prize.
SPONSOR WILL NOT BE LIABLE TO MAKE ANY PAYMENT IN ADDITION TO THE PRIZE AMOUNT SET FORTH IN THESE OFFICIAL RULES
Prizes must be accepted as awarded and may not be substituted or transferred. The Giveaway Group reserves the right to substitute Prize for a prize of equal or greater monetary value, in cash or otherwise, at its sole discretion, if a Prize, or any component of any Prize, cannot be awarded for any reason. Giveaway Group will not replace any damaged, lost or stolen prize. To the extent permitted by law, Giveaway Group makes no representations or warranties with respect to Prize. Winner will be responsible for all taxes (federal, state, and local of all applicable jurisdictions) and all expenses not listed herein related to acceptance and use of Prize.
COUNTRY SPECIFIC NOTICES: If any provision of these rules is invalid under the law, rules or regulations of a particular country, it will only apply to the extent permitted. In addition to the tax liability disclosures in these Official Rules, Giveaway Winners are subject to abide by the income reporting and, if applicable, the payment of any taxes due per the laws, rules and regulations of the Winner’s country of residence. By entering the Giveaway, Entrants hereby expressly agree and accept that for all that is related to the interpretation, performance and enforcement of these Official Rules, each of them expressly submit themselves to the laws of the United States of America and to the jurisdiction of the competent courts in the XX, in the State of New Jersey, United States of America, expressly waiving to any other jurisdiction that could correspond to them by virtue of their present or future domicile or by virtue of any other cause.
GOVERNING LAW/JURISDICTION: Unless the laws relevant for the domicile of the Entrant provide otherwise, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor in connection with the Giveaway shall be governed by and construed in accordance with the laws of New Jersey, United States.
- 7. PERSONAL INFORMATION Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Giveaway for the purposes of administering the Giveaway and prize fulfillment. By entering this Giveaway, entrants consent to such collection, use, and disclosure of your personal information.
By accepting a Prize, each winner agrees to Giveaway Group’s use of his/her name, city/state/province of residence, picture, biographical information, statements, voice, video, and likeness in any advertising and publicity Giveaway Group may conduct relating to the Giveaway in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law. Aggregate and anonymized Giveaway winner information may be used by the Giveaway Group to communicate about the Giveaway to its retailers and distributors.
8. RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY Giveaway Group reserves the right to suspend or modify this Giveaway, or these Official Giveaway Rules, in whole or in part, at any time and without notice or obligation if, in Giveaway Group’s sole opinion, any factor interferes with its proper conduct as contemplated by these Official Giveaway Rules. Without limiting the generality of the foregoing, if the Giveaway, or any part thereof, is not capable of running as planned for any legitimate reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Giveaway Group, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, Giveaway Group may, in its sole discretion, void any suspect Entries and: (a) terminate the Giveaway, or any portion thereof; (b) modify or suspend the Giveaway, or any portion thereof, to address the impairment and then resume the Giveaway, or relevant portion, in a manner that best conforms to the spirit of these Official Giveaway Rules; and/or (c) award the prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
9. GENERAL CONDITIONS Winning a Prize is contingent on fulfilling all the requirements set forth herein. All Entries become the property of Giveaway Group, where permitted and in any event none will be returned or acknowledged. Mass Entries, automated Entries, Entries submitted by third parties, and any Entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All Entries and prize claims are subject to verification. Proof of Entry submission does not constitute proof of receipt. Entrants agree to abide by these Official Giveaway Rules. Decisions of Giveaway Group will be final and binding on all matters pertaining to this Giveaway. Giveaway is subject to all applicable federal, state, and local laws, of all applicable jurisdictions. Giveaway Group reserves the right to correct any typographical, printing, computer programming or operator errors. Giveaway Group’s failure to enforce any term of these Official Giveaway Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Giveaway Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Giveaway Rules is determined to be invalid or otherwise unenforceable, then the Official Giveaway Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Giveaway Group his/her prize, or the cash value thereof. Giveaway Group reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Giveaway and/or Giveaway websites or apps, violates the Official Giveaway Rules, Sponsor’s Terms of Service, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS Giveaway OR UNDERMINE THE LEGITIMATE OPERATION OF THE Giveaway IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND Giveaway GROUP RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
10. LIMITATIONS OF LIABILITY AND RELEASES BY PARTICIPATING IN THIS Giveaway, ENTRANTS AGREE THAT Giveaway GROUP HAS NO LIABILITY WHATSOEVER FOR, AND ENTRANTS SHALL HOLD THE Giveaway GROUP HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM (A) ENTRY OR PARTICIPATION IN THIS Giveaway, INCLUDING ACCESS TO AND USE OF THE Giveaway WEBSITES, (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR PRIZE DELIVERY, OR (C) THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. Giveaway GROUP IS NOT RESPONSIBLE FOR ANY UNDELIVERED E-MAILS, INCLUDING WITHOUT LIMITATION E-MAILS THAT ARE NOT RECEIVED BECAUSE OF A WINNER’S PRIVACY OR SPAM FILTER SETTINGS WHICH MAY DIVERT ANY NOTIFICATION OR OTHER E-MAIL, INCLUDING ANY WINNER NOTIFICATION E-MAIL, TO A SPAM OR JUNK FOLDER. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you, please see Rule 12 below.
Without limiting the foregoing, but subject to Rule 12 below, the Giveaway Group and any of Sponsor’s other agencies, suppliers or contractors, shall not be responsible for:
(a) any incomplete or inaccurate information that is caused by Giveaway website users, or by any of the equipment or programming associated with or utilized in the Giveaway, or by any technical or human error which may occur in the processing of submissions in the Giveaway;
(b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections;
(c) the theft, destruction, loss or unauthorized access to, or alteration of, Entries;
(d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs;
(e) garbled transmissions or miscommunications;
(f) failure of any e-mail to be received by or from the Giveaway Group for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility;
(g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Giveaway;
(h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or
(i) technical, pictorial, typographical or editorial errors or omissions contained herein.
(1) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for New Jersey;
(2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorneys’ fees; and
(3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
11. DISPUTE RESOLUTION Except where prohibited, you agree that:
SOME JURISDICTIONS DO NOT ALLOW THE ABOVE RESTRICTIONS IN THE EVENT OF DISPUTE OR LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Giveaway Rules, or the rights and obligations of you and the Giveaway Group in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New Jersey without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.
12. OFFICIAL GIVEAWAY RULES AND WINNERS LIST Official Rules will be posted on Avarelle.com as of November 1, 2021 and will remain posted until December 1, 2021. Name of Winners to be posted on Avarelle.com upon confirmation of winners and remain posted until 15 days after the announcement.
13. SPONSOR Avarelle Cosmetics, 235 Pegasus Avenue, Northvale, NJ 07647
These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Avarelle Cosmetics inc.