Sponsored by Epres, LLC (“Sponsor” or “Epres”).
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TIK TOK. NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
The Join & Win Sweepstakes (the “Sweepstakes”) begins on Oct 10, 2023, at 12:00 AM PT and ends on December 1, 2023, at 11:59 PM PT (the “Promotion Period”). Sponsor’s clock will be the official timekeeper for this Sweepstakes.
1. Agreement to Official Rules. By entering or participating in the Sweepstakes, you accept and agree to be bound by these “Official Rules.”
2. Eligibility. The Sweepstakes is open to legal residents of the 50 United States and D.C., eighteen (18) or older, as of the date of entry, who have an active email account and Internet access. Employees of Sponsor and its parent company, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Promotion Period, and their respective immediate family members and persons living in the same household, are not eligible to participate in the Sweepstakes.
3. How to Enter. During the Promotion Period you may enter the Sweepstakes as follows:
(a) To enter online, visit the Sweepstakes website at https://epres.com/pages/drop-the-acid (the “Sweepstakes Site”)
and follow the directions to post your hair transformation on Tik Tok using our custom Drop the Acid sound.
(b) To enter by e-mail without obligation, send an email to firstname.lastname@example.org with Drop the Acid Sweepstakes in the subject line, and your name, mailing address, phone number, and email address in the body of the email.
Eligible persons that complete either (a) or (b) above will receive one (1) entry into the Sweepstakes.
Entries that are fraudulent, forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, script, or other automated means will not be accepted and will also be void. Entrants violating any of these Official Rules may be disqualified. All entries become property of Sponsor, and none will be acknowledged or returned.
4. Prize Drawing. The prize drawing for the Sweepstakes will be held on or around seventy-two (72) hours following the end of the Promotion Period. The drawing will be conducted either by independent persons or a computer program that randomly chooses the winner, from all eligible entries received and the random selection is final and binding. There will be three (3) potential prize winner selected for the Sweepstakes.
5. Prizes and Odds. The prize to be awarded for the Sweepstakes is one (1) years’ supply of the Epres Bond Repair Treatment (the “Prize”) consisting of:
(a) One (1) starter kit, approximate retail value (“ARV”) $48 (USD); and
(b) Six (6) refills, ARV $34 per refill (USD).
(c) Four (4) professional bottles, ARV $79 per bottle (USD).
Total ARV of the Prize to be awarded: $568 (USD).
The odds of winning a Prize depend on the total number of eligible entries received. No cash or other substitution of a Prize is permitted, except at the sole option of Sponsor for a prize of equal or greater value. Sponsor will not replace any lost or stolen Prize. The winner is solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to a Prize. You agree to provide Sponsor with any additional information and complete any required tax or other forms relating to your receipt of a Prize. Allow six (6) to eight (8) weeks for the delivery of a Prize. Without limiting any other terms of these Official Rules, a Prize is provided as-is, without any warranty, representation, or guarantee (express or implied, in fact or in law, whether now known or hereinafter enacted) relative to the use or enjoyment of a Prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose.
6. Notification of Winners. The potential winner will be notified by direct message on Tik Tok within five (5) business days of the prize drawing and must sign and return any required affidavit of eligibility and publicity/liability release. If a selected winner cannot be contacted, is ineligible, fails to claim the Prize and/or an affidavit of eligibility and publicity/liability release is incomplete, modified, or is not received within the number of days specified in the notification or thirty (30) days after such notification, whichever comes first, the Prize may be forfeited and an alternate winner may be selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the email account specified in the entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
7. Disclaimers and Limitations on Liability.
(a) Sponsor is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
(b) IN NO EVENT WILL SPONSOR BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Indemnification. You agree to release, indemnify, defend and hold Sponsor and its parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Sweepstakes, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Sweepstakes or acceptance or use of a Prize or parts thereof, including, without limitation, (a) any condition caused by events beyond Sponsor’s control that may cause the Sweepstakes to be disrupted or corrupted; (b) a Prize, or acceptance, possession, or use of a Prize, or from participation in the Sweepstakes; and (c) any printing or typographical errors in any materials associated with the Sweepstakes.
9. Additional Conditions. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes in whole or in part, if in Sponsor’s opinion (a) the Sweepstakes is not capable of running as planned by reason of the occurrence of any event beyond its control including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications, equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, or (b) any other factors beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, in all instances without liability to the entrants. Sponsor also reserves the right, at any time, to disqualify any entrant or winner, as determined by Sponsor, each in its sole discretion.10. Disputes with Sponsor. In the case of any dispute between you and Sponsor arising out of or connected to these Official Rules or your participation in the Sweepstakes, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
- Binding Arbitration. Any dispute arising out of or relating to these Official Rules or your participation in the Sweepstakes will be settled through binding arbitration, conducted by the JAMS and in accordance with JAM’s most current version of the Comprehensive Arbitration Rules and Procedures (collectively, the “JAMS Rules”). Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the JAMS Rules. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration. YOU AND SPONSOR KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.
- Disputes will be settled on an individual basis. YOU AND SPONSOR KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in Santa Barbara County, California. to protect the party’s intellectual property rights pending completion of the arbitration.
12. Publicity. Except where prohibited, by participating in the Sweepstakes, the winner consents to the use of the winner’s name, photo and/or likeness, biographical information, entry and statements attributed to winner (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s newsletters, Sponsor’s official social media accounts, the Sweepstakes Site and Sponsor’s homepages at https://epres.com/, without additional compensation.
14. Winners List. For the name of the prize winner, once it has become available, send your request and a stamped, self-addressed envelope to Drop the Acid Sweepstakes, Epres, 1482 E Valley Rd., Santa Barbara, CA 93108, or send an email message to email@example.com with “Winners List” as the email subject and Drop the Acid Sweepstakes specified in the body of the email. Requests must be received within six (6) months of the end of the Promotion Period.
15. Sponsor’s Address: 1482 E Valley Rd., Santa Barbara, CA 93108.