Terms of Service

OFFICIAL RULES

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES (EXCLUDING RHODE ISLAND) AND THE DISTRICT OF COLUMBIA, EIGHTEEN (18) YEARS OF AGE OR OLDER (OR NINETEEN (19) YEARS OF AGE OR OLDER IN THE STATES OF AL AND NE). VOID WHERE PROHIBITED BY LAW.
1. By entering the Vivona Brands Limited “CHOK CHOK” Contest (the "Contest"), entrants agree to be bound by these Official Contest Rules and Regulations (the "Official Rules"). The Contest commences at 12:00 AM Eastern Standard Time ("EST") on June 25, 2019 and ends at 11:59 PM EST on July 19, 2019 (the "Promotion Period"). Sponsor’s clock is the official timekeeper for this Contest.
2. SPONSOR: The Contest is sponsored by Vivona Brands Limited ("Sponsor"), 1101 Saint Gregory St, Suite 200. Cinncinati, OH 45202. The Contest is in no way sponsored, endorsed or administered by, or associated with Beautycon LA or Ulta Beauty Inc., or any of their affiliates or Instagram or any other social media network (as applicable).
3. ELIGIBILITY: The Contest is open only to legal residents of the 50 United States (excluding Rhode Island) and the District of Columbia who are at least eighteen (18) years of age or older (or nineteen (19) years of age or older in the states of AL and NE). The Contest is not open to: (1) employees, independent contractors, officers, and/or directors of Sponsor, and Sponsor’s respective parent, related, affiliated and/or subsidiary companies, advertising, promotion and fulfillment agencies or legal advisors and their respective officers, directors, agents, employees and assigns (collectively, "Released Parties") or (2) the immediate family members of, and persons living in the same household as, any of the Released Parties. “Immediate family” is defined as parents, siblings, children or spouse. All United States federal, state and local laws apply. Void in Rhode Island or where otherwise prohibited.
4. HOW TO ENTER: You may submit only one (1) entry to the Contest using either the method described in Section 4(a) or the method described in Section 4(b).
(a) Entry through Instagram.
(i) To enter the Contest as described in this Section 4(a), you must have an Instagram account ("Account"). Your Account settings must allow for all of your posts to be public and thus viewable by the Sponsor and its agents. If you do not have an Account, you can create one for free by visiting www.instagram.com. Your Account is subject to its terms of use, accessible at https://help.instagram.com/581066165581870 (“Terms of Use”) and by creating an Account and/or participating in the Contest, you agree to be bound by the foregoing Terms of Use. Posting Instagram requires a mobile device and therefore message and data rates may apply. You must also follow @OhK_Life on Instagram.
(ii) Submission Requirements. During the Promotion Period, post on Instagram, (1) a photo depicting you with your favorite OH K!® skincare product outside an Ulta Beauty store or (2) a screen shot or photo of your order confirmation or receipt from a purchase of your favorite OH K!® skincare product through Ulta Beauty’s website or at an Ulta Beauty store, and include with each photo or screen shot the tag “@OhK_Life.” Your Instagram post will be referred to as your submission ("Submission"). By posting your Submission on Instagram, you agree that your Submission conforms to the Content Restrictions as defined below. Sponsor reserves the right to have any photo removed which, in its sole determination, does not comply with these Official Rules. In such event, the Submission and entry associated with such photo will be void.
(iii) Content Restrictions. Your Submission must conform to the following restrictions (“Content Restrictions”):
(A) The Submission must be in English;
(B) The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
(C) Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor;
(D) The Submission must not disparage Sponsor or any other person or party affiliated with the Contest;
(E) The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
(F) The Submission must not contain images or artwork not created by entrant;
(G) The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous;
(H) The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
(I) The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
(iv) Limit. Each entrant using the method of entry stated in this Section 4(a) may upload only one (1) Submission. Submissions received from any person or Account in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Uploading a Submission constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
(b) Entry through Mail. On a piece of 3" x 5" paper, print your name, complete address (no P.O. Boxes), email address, and daytime phone number. Mail to: Vivona Brands Limited 1101 Saint Gregory St, Suite 200. Cinncinati, OH 45202. No mechanically reproduced or photocopied entries submitted through the method stated in this Section 4(b) will be accepted. You may submit only one (1) entry using the method stated in this Section 4(b). Entries submitted through the method stated in this Section 4(b) become the property of Sponsor and will not be returned. Entries submitted through the method stated in this Section 4(b) must be received by July 19, 2019, when the Promotion Period ends.
(c) Use of automated devices is not valid for online entry. By submitting an entry, entrants warrant and represent that the Submission, or any portion of it, will not violate any law or infringe upon the rights, title, claim or interest of any third party. Sponsor and the Released Parties are not responsible for any problems or technical, hardware, or software malfunctions of any telephone network or telephone lines, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Sponsor due to technical problems, human error or traffic congestion, unavailable network connections on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to entrant's or any other person's computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. By submitting an Submission or entry, you agree to abide by the terms of these Official Rules. Entrants expressly agree that they are providing their information to Sponsor and not to Instagram or any other social media network (as applicable).
(d) In the event of a dispute as to any Submission, the authorized account holder of Account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned the Account by Instagram. Potential winners may be required to show proof of being the authorized account holder
5. DRAWING: A random drawing will be conducted on or about July 20, 2019 by Sponsor. Odds of winning depend on the number of entries received. Potential winner will be notified by through the Account or email and must claim the Prize by signing and returning any required Affidavit of Eligibility and Release within two (2) days of the date notice is sent or such other date set by Sponsor. Failure to respond within the applicable time period will result in forfeiture of the Prize and Sponsor shall have the option to award the Prize to an alternate winner. All income taxes resulting from acceptance of the Prize are the responsibility of winner and winner will also be required to provide Sponsor with a completed IRS Form 1099. By entering this Contest, entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters. By entering this Contest, entrants waive all right to, and hold harmless the Released Parties from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in this Contest or the acceptance, use, or misuse of the Prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Acceptance of a the Prize also constitutes permission to the Released Parties to use winner's name, and likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. Released Parties will not be responsible for: lost, late, misdirected, damaged, illegible, incomplete, incorrect, or otherwise unsatisfactory entries; lost, late, or misdirected prize notices; or any typographical, or other error in the printing of the offer, administration of the Contest, or announcement of the Prize. In the event of any such error, Sponsor reserves the right to cancel or modify the Contest in a manner deemed appropriate by the Sponsor, at the Sponsor's sole discretion.
6. PRIZE & APPROXIMATE RETAIL VALUE: The winner of the Contest will receive the following prizes: (a) two (2) VIP tickets to Beautycon LA 2019, (b) two (2) roundtrip plane tickets to Los Angeles, California, (c) two, single occupancy hotel rooms for three (3) days and two (3) nights, and (d) $200.00 USD (the “Prize”). The total Approximate Retail Value (“ARV”) of the Prize is $4700 USD. Winner must be available to accept benefits of the Prize on August 9, 2019 through August 11, 2019. The Prize is non-assignable and non-transferable, and is not redeemable, exchangeable or substitutable for cash by winner. Sponsor reserves the right to substitute a prize of equal or greater value. If a potential winner is disqualified for any reason, Sponsor will award the Prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the Prize will remain un-awarded.
7. GENERAL CONDITIONS: Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should any computer virus, bugs or other technical difficulty or other causes beyond the control of the Sponsor or Released Parties corrupt the administration, security or proper play of the Contest. Sponsor also reserves the right, in its sole discretion, to cancel, modify or suspend the Contest at any time and for any reason, or for no reason. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of the Prize described in these Official Rules will be awarded.
8. LIMITATIONS OF LIABILITY: By entering the Contest, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or the Prize awarded, shall be resolved individually without resort to any form of class action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney's fees; and (3) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out- of-pocket expenses.
9. BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, ACCESS TO AND USE OF ANY INTERNET WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE PRIZE CANNOT BE AWARDED DUE TO ACTS OF GOD, ACTS OF WAR OR TERRORISM, NATURAL DISASTERS OR WEATHER EVENTS.
10. WARRANTY DISCLAIMER: The Prize is awarded "AS IS." Except as otherwise provided in these Official Rules, Sponsor makes no warranties, representations or guarantees, express or implied, in fact or in law, respecting the performance or use of the Prize, including, without limitation, quality, merchantability, and fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.
11. CONSTRUCTION: Sponsor shall be the sole interpreter of these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant vis-à-vis Sponsor, shall be governed by, and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Ohio, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Ohio. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.
12. GENERAL RELEASE: By entering the Contest, you release and discharge Sponsor, the Released Parties, Beautycon LA , Ulta Beauty Inc. or any of their affiliates, Instagram and/or any other social media network (as applicable) from any liability whatsoever in connection with the Contest, your participation in the Contest, or with the acceptance, possession, use or misuse of the Prize including, without limitation, legal claims, costs, injuries, losses or damages, demands or actions of any kind (including, without limitation: personal injuries; death; damage to, loss or destruction of property; rights of publicity or privacy; and defamation or portrayal in a false light). Sponsor and the Released Parties will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest. Sponsor and the Released Parties will not be responsible for any inaccurate Prize details supplied to an entrant by any third party related to this Contest. Additionally, you hereby agree to indemnify the Sponsor and the Released Parties from any and all losses, damages, costs, expenses, rights, claims, demands and actions (including attorney's fees and expenses for litigation and settlement), which may be brought against any one or more of them by anyone claiming to have suffered loss or damage as a result of your participation in the Contest and/or with your acceptance, possession, use or misuse of the Prize.
13. OFFICIAL RULES/WINNERS LIST: To obtain a copy of these Official Rules, print them or send a self-addressed, stamped envelope to: Vivona Brands Limited “CHOK CHOK” Contest, c/o Vivona Brands Limited, 1101 Saint Gregory St, Suite 200. Cinncinati, OH 45202. If you have any questions regarding this Contest or would like to obtain the name of the Prize winner (available after August 1, 2019), send a self-addressed, stamped envelope to: Vivona Brands Limited “CHOK CHOK” Contest, c/o Vivona Brands Limited, 1101 Saint Gregory St, Suite 200. Cinncinati, OH 45202. All requests for Official Rules and the Prize Winners must be received on or before September 30, 2019.