GlossGenius Referral Sweepstakes

Important: Please read these Official Rules before entering this Sweepstakes (the “Sweepstakes”). By participating in this Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below. 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. 

Sweepstakes void where prohibited. Subject to applicable federal, state, and local laws. 

1. Eligibility: The Sweepstakes is open only to those who: (i) are legal residents of the 50 United States and District of Columbia; (ii) are at least 18 years old (or the age of majority in their jurisdiction of residence, whichever is older) upon entry; (iii) are bona fide beauty or wellness professionals; and (iv) have been GlossGenius subscribers since at least 12:00:00 p.m. (ET) October 15, 2024. Directors, officers, members, managers, and employees of GlossGenius, Inc. (“Sponsor”) and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouse, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM, INC OR APPLE, INC.
2. Sweepstakes Period: The Sweepstakes starts at 12:00:00 p.m. (ET) on October 15, 2024, and ends at 11:59:59 p.m. (ET) on November 8, 2024 (the “Sweepstakes Period”). Sponsor’s or its designee’s computer is the official time-keeping device for the Sweepstakes. All entries must be received during the Sweepstakes Period and meet other requirements in these Official Rules to be eligible to win a prize. Proof of submission does not constitute proof of receipt by Sponsor.
3. How to Enter: To enter, complete the following steps during the Sweepstakes Period: (i) use your existing GlossGenius account to access your unique referral code (“Referral Code”) by clicking “Earn $30 by Referring” within the mobile application’s Settings page or “Earn $30” on app.glossgenius.com/referrals on desktop; (ii) share your Referral Code with any friends or contacts who are bona fide beauty or wellness professionals (each, a “Referral Recipient”), and (iii) once your Referral Recipient signs up for a free trial for the GlossGenius service (no credit card required), you will be automatically entered into the Sweepstakes. No purchase from or payment to GlossGenius is required in connection with the Referral. Whether your Referral Recipient elects to convert their free trial accounts to a paid account during the Sweepstakes Period will have no impact of any kind on your chances of winning. 

By submitting an entry as instructed above (“Submission”), you agree that your Submission conforms to the Guidelines and Restrictions below. Sponsor may choose to remove any Submission or disqualify you from the Sweepstakes if it believes that your Submission fails to conform with the Guidelines and Restrictions. Upon completion of all required entry steps and compliance with the Guidelines and Restrictions, you will automatically receive one entry into the Sweepstakes. You may submit more than one entry into the Sweepstakes, provided each entry is valid and meets the Guidelines and Restrictions. 

Submission Guidelines and Restrictions:

1. Your Submission must not include or refer to untruthful, incomplete, inaccurate, or misleading information.
2. Your Referral Recipient must be a bona fide beauty and wellness professional. Entries resulting from your Referral Code being used by non-beauty and wellness professionals will not be counted, in Sponsor’s discretion.

4. Identity of Entrant: All entries must be submitted by the individual entrant. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot, AI software, or promotional service). Multiple participants are not permitted to share the same email or account for entry. Any attempt to obtain additional entries through fraud or other unfair or illegitimate means will result in disqualification, at Sponsor’s discretion.

If there is a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address or account submitted or associated with the entry. An “authorized account holder” means 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 institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide Sponsor with proof that a potential winner is the authorized account holder of the account associated with the winning entry.

5. Selection and Notification of Winner: On or about November 11, 2024, Sponsor will select one potential winner of the prize in a random drawing from among all Referral Codes of eligible entries. If the winner had multiple Referral Recipients sign up for free trials, one Referral Recipient will be chosen by Sponsor at random. The odds of winning depend on the number of eligible entries received.

Sponsor will notify the potential winner (and their applicable Referral Recipient) via e-mail or direct message on or about November 12, 2024. To claim the prize, a potential winner must respond within 72 hours of receiving the e-mail or message and follow the instructions contained in the notification. To the fullest extent permitted by applicable law, Sponsor may require winner (including its chosen Referral Recipient) to sign and return, within seven days of being notified by Sponsor, an affidavit of eligibility, liability and publicity release, and other legal, regulatory or tax-related documents required at Sponsor’s discretion (“Affidavit and Related Documents”) in order to claim a prize. If (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) the Affidavit and Related Documents are not signed and returned within seven days of the date the notification email is sent by Sponsor; or (iii) if potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. If the chosen Referral Recipient does not complete the steps above, the winner will still receive their prize, but the winner’s Referral Recipient will be deemed to have forfeited their portion of the prize.  

Verification of Potential Winner: POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.

6. Prize: The winner and its chosen Referral Recipient will each receive the following prize package: one 12-month auto-renewing subscription to a GlossGenius Gold Plan* (Approximate Retail Value: $579) and one iPad (Approximate Retail Value: $499) (Each individual prize ARV: $1078; cumulative ARV: $2156). Once your 12-month Gold subscription ends, you will be charged a $48 monthly fee (plus tax) or then-current monthly fee (plus tax), which will automatically renew monthly at the then-current price (price subject to change) until you cancel through your account page. Cancel your plan before the 12-month ends to avoid a monthly subscription fee. Visit www.glossgenius.com/pricing for more information about this subscription. Your use of your GlossGenius subscription is, and remains, subject in all respects to the Terms of Service, as it may be amended and supplemented from time to time in accordance with its terms, available at www.glossgenius.com/legal/terms.

Prize Restrictions: Prize is not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Potential winner will not receive any compensation beyond the prize in Section 6. Only the number of prizes stated in these Official Rules are available to be won in the Sweepstakes. Sponsor will not replace any lost or stolen prizes or prize components. The prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose). Any unclaimed or unused prize (or portion of the prize package) will remain the property of Sponsor. 

ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.

7. Disclaimer: Sponsor; Instagram, Inc., Apple, Inc.; and any of their respective parent companies, subsidiaries, affiliates, professional advisors, consultants, contractors, legal counsel, public relations firms, advertising, fulfillment and marketing agencies, and any of their respective directors, officers, members, managers, and employees (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures; (c) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties; or (d) any printing or typographical errors in any materials associated with the Sweepstakes. 
8. General Release, Limitation of Liability, and Indemnity: By entering the Sweepstakes, you agree to release Sponsor and all Released Parties from any liability whatsoever and waive any and all causes of action, whether under a theory of contract, tort (including negligence), warranty or other theory, arising out of or in connection with the Sweepstakes or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims for costs, losses, personal injuries, death, or damages of any kind, such as damage to or destruction of property or damages related to rights of publicity or privacy, moral rights, defamation or portrayal in a false light, whether intentional or unintentional). 

By entering the Sweepstakes, you agree to indemnify and hold harmless Sponsor and all Released Parties from and against any and all claims, damages, liabilities, penalties, fines, losses, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with the Sweepstakes, the prizes, or violation of these Official Rules. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS PURCHASED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD. 

9. Use of Name, Likeness, etc.: To the fullest extent permitted by applicable law, entry into the Sweepstakes constitutes permission to use your name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, except where prohibited by law, winner may be required to execute a written consent, confirming Sponsor’s right to use winner’s name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Sweepstakes, you consent to being contacted by Sponsor for any purpose in connection with this Sweepstakes. 
10. License to Submission: By entering the Sweepstakes and providing your Submission in connection with the Sweepstakes, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission, or any portion thereof (including your name and likeness as shown and conveyed in the Submission), in connection with the Sweepstakes and for other advertising, marketing, and promotional purposes, and to incorporate Submissions, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor's expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's rights as stated in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Submission.
11. Privacy: See Sponsor’s Privacy Policy at www.glossgenius.com/legal/privacy. 
12. Winner List; Rules Request: For a copy of the winner list, send a request to the address in Section 16 below within one year of the Sweepstakes Period. To obtain a copy of these Official Rules, visit www.glossgenius.com/legal/referralsweepstakes-oct or send a request to the address listed in Section 16(VT residents will be able to omit return postage).
13. ‍Intellectual Property Notice: GLOSSGENIUS is a trademark of GlossGenius, Inc. The Sweepstakes and Official Rules are copyright © 2024 by GlossGenius, Inc. All rights reserved.
14. ‍Disputes: YOU AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR THE APPROPRIATE STATE COURT LOCATED IN NEW YORK, NEW YORK. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAWS RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. 
15. ‍General Conditions: By participating in the Sweepstakes, you agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to modify, suspend or cancel the Sweepstakes or any entrant's participation in the Sweepstakes should viruses, bugs, unauthorized human intervention, pandemics, public disruptions, or other causes beyond Sponsor's reasonable control affect the administration, security or proper play of the Sweepstakes, or Sponsor otherwise becomes (in its discretion) incapable of running the Sweepstakes as planned. Entrants who violate these Official Rules, violate any law, rule, or regulation in connection with participation in the Sweepstakes, tamper with the operation of the Sweepstakes or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes or any other entrant (as determined in Sponsor's discretion) are subject to disqualification from the Sweepstakes. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Sweepstakes. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.
16. ‍Sponsor: GlossGenius Inc., 169 Madison Ave, Suite 11713, New York, NY 10016.

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