Katy Perry Woman’s World x Amorana Giveaway - Official Rules

  1. Residency; Eligibility.
    1. Residency. Except where prohibited by law, the Amorana Giveaway (the “Competition”) is open to all eligible (as defined hereinbelow) individuals (each an “Entrant”). THE COMPETITION SHALL BE VOID WHERE PROHIBITED BY LAW.
    2. Eligibility. To be eligible to participate in the Competition an Entrant:

(i) must have reached the age of majority in the Entrant’s state, province or territory of residence during the Entry Period (as defined hereinbelow), and

(ii) may not be an employee, officer, director of the Sponsor (as defined hereinbelow) and/or any of its Affiliates[1] (collectively, the “Employees”), or a member of an Employees’ Family[2] and/or an individual living in the same household as any Employee.

  1. Sponsorship.

The Sponsor is Bluebox Shop AG, a Swiss corporation, with its registered address at Neue Winterthurer Str. 99, 8304 Wallisellen, Bulach, Switzerland. The Sponsor will conduct the Competition in accordance with the rules set forth herein (the “Official Rules”).

  1. Acceptance of the Official Rules.
    1. By participating in this Competition, the Entrant agrees to abide by the Official Rules. The Participation in the Competition constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules. The Sponsor reserves the right at any time, at its sole discretion, to refuse, withdraw, or disqualify an Entrant and to verify the eligibility of any Entrant. By participating in this Competition, the Entrant represents and warrants that the Entrant is eligible to participate based on the eligibility requirements set forth in the Official Rules. The Entrant also agrees to accept the decisions of the Sponsor in connection with this Competition as final and binding.
    2. Entrants acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram or Meta Platforms, Inc. or any of its Affiliates. Any questions, comments or complaints regarding the Competition must, therefore, be directed to the Sponsor only.
  2. Entry Period.

The Competition begins on July 11, 2024 at 8:00 PM CEST and ends on August 9, 2024, at 11:59 PM CEST (“Entry Period”).

  1. How to Participate in the Competition; Disqualification/Compliance
    1. How to Participate. Entrants participate in the Competition by subscribing for marketing emails through the Competition links on the website during the Entry Period.
    2. Disqualification; Compliance. The award of any Prize will be contingent upon the compliance by each Entrant with any and all federal, state, provincial and local laws, rules and regulations and the rules and procedures of the Official Rules. IF, TO THE SPONSOR’S KNOWLEDGE, THE ENTRANT VIOLATES ANY OF THE APPLICABLE LAWS, RULES OR REGULATIONS OR ANY OF THE OFFICIAL RULES, THE ENTRANT (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS WINNER OR ENTRANT WILL BE IMMEDIATELY TERMINATED. NOTWITHSTANDING ANY PROVISION OF THE OFFICIAL RULES, THE SPONSOR ASSUMES NO RESPONSIBILITY OR LIABILITY TO INVESTIGATE OR RESEARCH THE ENTRIES FOR COMPLIANCE WITH THE OFFICIAL RULES.
  2. Prizes; Substitution; Non-Transferability; No Warranties and Representations; Taxes.
    1. Prizes. At the end of the Entry Period, (20) Womanizer Premium 2, with a retail value of approximately two hundred Swiss Francs (CHF 200.00) each, i.e. a total retail value of approximately four thousand Swiss Francs (CHF 4,000.00 EUR), will be awarded (the “Prizes”). The actual/appraised value of any Prize may differ at the time any Prize is awarded. All retail values are estimates only. An Entrant can only win one (1) Prize during the Entry Period.
    2. Substitutions. The Sponsor reserves the right, at any time with or without notice to the Entrants, to substitute a Prize or a Prize component with one of equal or greater value. No Entrant will be entitled to cash or other prize substitution permitted except at the Sponsor’s discretion.
    3. Non-Transferability. Prizes are non-transferable. Each Entrant, upon acceptance of a Prize, is solely responsible for all costs and expenses related to the acceptance, use or redemption of the Prize, including without limitation the payment of any and all local, state, provincial and federal taxes and any related legal requirements, including any related disclosure to any tax authority. The Entrant shall not convey, transfer or assign any Prize or any right therein to others nor shall the Entrant be entitled to a cash equivalent or substitution. Any such conveyance, transfer or assignment will be null and void and of no legal effect.
    4. No Representations or Warranties. The Sponsor makes no representations or warranties with respect to the receipt, delivery, use or misuse of any Prize. If any Entrant is unable to receive and/or redeem any or all of any applicable Prizes due to reasons beyond the control of Sponsor, no compensation, cash value or substitute prize will be provided.
    5. TAXES. EACH ENTRANT IS RESPONSIBLE FOR ALL APPLICABLE TAXES, AND ALL COSTS AND EXPENSES THAT SHALL BE DUE AS A RESULT OF ACCEPTANCE AND USE OF ANY PRIZE INCLUDING, BUT NOT LIMITED TO, INCOME, SALES, OR OTHER TAXES OR COSTS AND ANY EXPENSES ASSOCIATED WITH THE PRIZE.
    6. Additional Requirements. In order to be declared a prize winner, the Winner must comply with the Official Rules and, upon request, sign a Statement of Compliance and Release (the “Statement”), in a form satisfactory to Sponsor in its sole discretion that must be completed and returned to Sponsor.
  3. Odds.

The total number of Entrants participating in the Competition determines the odds of winning.

  1. Notification of Winner; Failure to Claim Prize.
    1. Notification. The Sponsor will notify the Winners by email within thirty (30) days following the Winner’s selection.
    2. Failure to Claim. The Sponsor shall be neither responsible nor liable for any Winner’s failure to receive a notice, including but not limited to due to security settings, nor shall the Sponsor be liable for any Winner’s provision of incorrect or otherwise non-functioning contact information. If any Winner (or Alternate Winner, as defined hereinbelow) (1) fails to claim their Prize within forty-eight (48) hours from the time the award notification was sent, or (2) is found to be ineligible, the Prize will be forfeited, and an alternate Winner may be determined (the “Alternate Winner”).
  2. Rights Granted by the Entrant.

Except where prohibited by law, by accepting a Prize, each Entrant understands, acknowledges and agrees that the Sponsor, any of its Affiliates, any individual acting on the Sponsor’s and/or any Affiliates’ behalf, and any licensee, successor, and assign of the Sponsor and/or any of its Affiliates shall, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, the Entrant’s name and likeness, and any of the Entrant’s statements about and in connection with the Competition for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration.

  1. Modification and Termination.

In its sole discretion, the Sponsor reserves the right to modify, suspend, cancel, or terminate the Competition, in whole or in part, at any time and without notice, including but not limited in the event of a non-authorized human intervention, a bug or a virus, fraud, or any other cause beyond the Sponsor’s control (including insufficient entries or any accident, technical, administrative, or other error of any kind) or any other event impacting adversely upon or corrupting, the security, fairness, proper conduct, or administration of the Competition. In the event of any modification, suspension, cancelation or termination of the Competition, the Sponsor reserves the right at its discretion to determine the Winner(s) prior to and/or after (if appropriate) such action taken by the Sponsor, or not to determine any Winner(s) at all.

  1. Release; Indemnity; Limitation of Liability; Severability.

The Entrant shall release and hold harmless the Sponsor and their respective Affiliates, and their respective shareholders, directors, and officers, members, managers, employees and other agents against and from any and all claims, liability, loss due to injury, death or damages of any kind (including direct, indirect, incidental, consequential or punitive damages) that may arise out of or relate to, directly or indirectly, the Entrant’s entry or participation in this Competition, any statements or postings made or content produced and/or uploaded on Instagram or the use, misuse or redemption of a Prize. THE ENTRANT HEREBY WAIVES ALL RIGHTS TO PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING REASONABLE LEGAL FEES, OTHER THAN ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH ENTERING THIS COMPETITION). IN NO EVENT SHALL THE SPONSOR BE LIABLE FOR MORE THAN THE APPROPRIATE RETAIL VALUE OF THE RELEVANT PRIZE. Any provision of the Official Rules shall be severable and, if one or more provisions shall be held not to be valid under applicable law, the remainder of the Official Rules shall remain enforceable to the maximum extent permitted by applicable law.

  1. Governing Law; Disputes.
    1. Governing Law. This Contest and the Official Rules shall be governed by the laws of Switzerland, excluding its conflict of law rules.
    2. Dispute Resolution. The Entrant agrees, as a condition to participating in this Competition, that if any disputes cannot be amicably resolved between the Entrant and the Sponsor, any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration administered by the German Arbitration Institute (“DIS”) under their respective consumer arbitration rules (if applicable), without recourse to the ordinary courts of law and without resorting to any form of class action arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in Berlin, Germany, each time before one arbitrator selected from the roster of arbitrators of the DIS respectively. The arbitrator shall be an attorney practicing consumer and commercial law with at least fifteen (15) years of experience.  The prevailing party in any threatened or actual claim, action or proceeding between the parties shall be entitled to reimbursement by the other party for the prevailing party’s legal costs and expenses, including the prevailing party’s attorneys’ fees and expenses and any arbitrator’s fees and expenses.
  2. Personal Data.

In order to participate in this Competition, it may be necessary for Entrants to provide personal data (including without limitation the name, e-mail address and phone numbers of the Entrant) (the “Data”). The Sponsor only uses this Data for the duration and for the administration of the Competition unless specified otherwise herein. The main purpose of the data processing is to verify your eligibility to participate in the Competition and, in case you win a price or are entitled to get a gift, to send or transfer the price or gift to you. We process your data for those purposes based on your meaningful and express consent. You can revoke your consent at any time with effect for the future under the provided contact information below. Please note, that, should you revoke your consent during an ongoing Competition, your application can then no longer be considered and you will no longer have the chance to win a price. Based on your consent we will also use your data to send you information about products, services, events and other information worth knowing about the Sponsor(s) and/or Lovehoney Group. If you do not wish to receive any further marketing promotions, you can revoke your consent at any time with effect for the future under the provided contact information. If the prizes are provided by someone other than the Sponsor, the Sponsor will send such Data to the sponsor of the relevant Prize or its service provider for the sole purpose of administering this Competition. Otherwise, the Data will not be disclosed or transferred to third parties without any necessary consent. Your personal data is stored for as long as it is necessary for the above-mentioned purposes. In particular, the personal data of participants in the Competition will be retained until the winner(s) and, as the case may be, alternate winner(s) have been identified. Unless there is a legal obligation to retain the data due to statutory retention periods of civil, commercial and tax law, the data of those participants who did not win will then be deleted and the data of the (alternate) winner(s) will be deleted once the Campaign, including without limitation, the delivery of prices and gifts and the publication of the winners list, are completed. Any information submitted with an entry is subject to the Privacy Policy on the Sponsor’s website.

  1. No Employment or Contractual Relationship.

Nothing contained in the Official Rules shall be deemed or construed to create any legal commitment or obligation on the part of the Sponsor to treat any Entrant as an employee or a sales agent; without limiting the generality of the foregoing, no Entrant shall be entitled to any commission or other remuneration in connection with the offer or sale of any Sponsor brand product or service.

  1. Amendment; Waiver.

No amendment, modification, supplement, termination, consent or waiver of any provision of the Official Rules shall be effective unless explicitly stated on the Competition Website or granted in writing duly executed by a duly authorized officer of the Sponsor.

  1. Winners List.

Any eligible Entrant may obtain a copy of the Winner’s name(s) or a copy of the Official Rules, by sending a request via email to: retentionteam@lovehoneygroup.com. Any such request must be received by the Sponsor no later than August 9, 2024 at 11:59 PM CEST.

 

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[1] “Affiliate” of any specified entity shall mean any other entity directly or indirectly controlling or controlled by or under direct or indirect common control with such specified entity.  For the purposes of this definition, “control” when used with respect to any specified entity means the power to direct the management and policies of such entity, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise.

[2] “Family” shall mean and include, with respect to any individual, (1) the individual’s spouse or domestic partner, and parents thereof; (2) the individual’s sons and daughters, and spouses or domestic partners thereof; (3) the individual’s parents, and spouses or domestic partners thereof; provided that a “parent” shall include any individual who at any time is or was a biological, adoptive, step, or a foster parent, or is or was a legal guardian, or stands or stood in loco parentis to or of such individual or the individual’s spouse or domestic partner; provided further that a “son” or “daughter” shall include a biological, adopted, step, or foster son or daughter, a person who is or was a legal ward, a person for whom the individual stands or stood in loco parentis or stood, or a son or daughter of such individual’s spouse or domestic partner; provided further than a “domestic partner” shall include an adult in a committed relationship with another adult, including both same sex and opposite-sex relationships; and provided further that a “committed relationship” shall mean, whether or not recognized by the laws of any relevant jurisdiction, a relationship in which such individual and the domestic partner are each other's sole domestic partner who share responsibility for a significant measure of each other's common welfare and financial obligations.

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