Terms of Service
Store Terms & Conditions
This website is operated by Oh K!. Throughout the site, the terms “we”, “us” and “our” refer to Oh K!. Oh K! offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Our domain is run on a secured SSL, with multiple payment options available.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We ship UK, North America, and across the EU. Check our stockists page for where you can find us IRL!
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card or personal newsletter sign-up information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
DISCOUNT CODES
Sometimes for promotions, we may offer a complimentary discount code to be used at discount. Please follow the T&C's provided below this page, or stated on promotional flyer. Discount codes cannot be used on bundles.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
If changes occur, this can be due to sales, discounts or any promotional feeds running at the time. If purchased prior to a price change/reduction, we cannot honour the new price and amend past orders.
Due to hygienic reasons, we cannot refund products which are opened or used, nor brought incorrectly by customer.
Refunds & exchanges can only be honoured under the following circumstances:
Please note that delivery addresses submitted by customer are final and can only be amended via contracting our customer service. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. We are not liable for any incorrect address and misspelling, which result to orders not arriving nor going missing.
If you need to get in contact with us regarding your order, please contact our US Customer Service team here.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
PROMOTIONAL CODES OR DISCOUNTS
In some occasions, you will be eligible to use a discount purchase either via campaign promotion, newsletter sign up or provided by customer service to rectify missing product. Expiry dates are as follows:
- CUSTOMER SERVICE PROVIDED DISCOUNT - these discounts have a 12 month validation from date provided. They are not exchangeable for cash/refunds.
- NEWSLETTER SIGN UP - Valid until December 31, 2020 - subject to change.
- CAMPAIGNS - According to campaign terms stated in email or storefront.
- INFLUENCER CURATED - According to campaign terms stated in caption or in campaign regulations.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
FEEDBACK, COMMENTS AND INCENTIVES
For data reasons - feedback submitted by form held by Oh K! will be kept for 1 year from submission date. Once the year anniversary has passed your data will be destroyed. For UK and EU countries, your data is only stored if you have consented to the mailing list/email submission, otherwise you will be withdrawn and deleted from the mailing list and all CRM after 90 days.
Feedback submitted by reviews online for customer confidence will be held online permanently and only deleted if requested by the review. All reviews are held by YOTPO - Shopify Review APP.
Feedback & comments that include feedback incentives.
In some cases we will hold incentives in support to drive feedback. In these cases, we have the right to withdraw these by chance and 'free sample' incentives if (1) low on stock, (2) technical difficulties which our out of our control. Please note, samples are not refundable nor exchangeable for cash value. Please ensure the correct address is used upon application. We will not re-send or refund samples if post is missing. Once information has been submitted please allow up to two weeks (UK/US) 3 weeks (ROW) to receive your sample.
Territories will be allocated per an feedback incentive. If your country location does not apply, you will not be entered into the giveaway.
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Oh K!, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
e maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Oh K! and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Oh K!131 -133 Upper Richmond Road London GB SW15 2TR.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at happinesseveryday@ohklife.us.com.
Competition and Customer Incentives
BIRTHDAY SKINCARE BUNDLE SWEEPSTAKES
OFFICIAL SWEEPSTAKES RULES AND REGULATIONS
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 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 this Birthday Skincare Bundle sweepstakes (the “Sweepstakes”), entrants agree to be bound by these Official Sweepstakes Rules and Regulations (the “Official Rules”). The Sweepstakes commences at 12:00 PM Eastern Standard Time (“EST”) on Wednesday, October 21st and ends at 11:59 PM EST on Sunday, October 25th (the “Promotion Period”). Sponsor’s clock is the official timekeeper for this Sweepstakes. Entries received after the Promotion Period will not be included in the Sweepstakes.
2. SPONSOR: The Sweepstakes is sponsored by Oh K! (“Sponsor”), Vivona Brands, 3825 Edwards Rd #103, Cincinnati, OH 45209. The sweepstakes will be promoted on ohklife.com, ohklife.us.com, @ohk_life Instagram, Facebook and TikTok.
3. ELIGIBILITY: The Sweepstakes is open only to legal residents of the United Kingdom who are at least sixteen (16) years of age, and 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 Sweepstakes 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, and Instagram (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:
(a) Method of Entry. Limit one (1) entry per person, per family, per e-mail address and per mailing address, as applicable and per household. Multiple entries received from any person or family or e-mail address or household in excess of the stated limitation will be void. The use of multiple social media accounts to effectuate multiple entries will render an entrant ineligible. All entrants acknowledge that, in the course of applying for this Sweepstakes, certain information about them will be captured, electronically or otherwise, and will be transmitted to Sponsor. Accordingly, the entrant expressly agrees to the transfer of such personal information to Sponsor and that Sponsor (data controller) and any third party associated with the Sweepstakes may use, store, process and transfer that information for the purpose of the Sweepstakes. All information and files submitted in the format specified (“Submission”) will become property of Sponsor and used as provided in Sponsor’s Terms & Conditions and Privacy Policies, each of which can be found by visiting https://www.ohklife.us.com/pages/termsconditions https://www.ohklife.us.com/pages/privacy-policies (both of which are incorporated herein by reference). Sponsor and 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. Submissions generated by script, macro or other automated means are void.
(i) ONLINE: During the Promotion Period, go to https://www.ohklife.com/ or https://www.ohklife.us.com and click on the banners, buttons and/or links to access the online entry form for the Sweepstakes (https://ohkusmail.com/p/4ZP2-3SA/ohk-fourth-birthday) and register by filling out the required fields on the Sweepstakes entry page which will include:
(A) First Name
(B) Last Name
(C) E-mail address
(D) Address
(E) City
(F) Country
(G) Zip Code
(H) Date of Birth
By submitting your completed online entry form and all other requested information as directed, you will receive one (1) entry in the Sweepstakes. Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible. Incomplete entries are void. Online entrants to the Sweepstakes will be given the option to receive commercial e-mails from Sponsor; however, eligibility to participate in the Sweepstakes is not dependent upon entrant’s consent to receive such e-mails and consenting to do so will not increase your chances of winning.
(b) 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 Sweepstakes, computer online systems, servers or providers, computer equipment, software, failure of any e-mail 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 Sweepstakes or downloading any materials in this Sweepstakes. By submitting an Submission or entry, you agree to abide by the terms of these Official Rules.
5. DRAWING: A random drawing of four entries will be conducted on or about Monday, October 26th, 2020 by Sponsor. Odds of winning depend on the number of entries received. Potential winners will be notified by e-mail 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 winners and winners will also be required to provide Sponsor with a completed IRS Form 1099. By entering this Sweepstakes, entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters. By entering this Sweepstakes, entrants waive all right to, and hold harmless Sponsor and 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 Sweepstakes 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 Sponsor and the Released Parties to use each winner's name, and likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. Sponsor and the 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 sweepstakes, or announcement of the Prize. In the event of any such error, Sponsor reserves the right to cancel or modify the Sweepstakes in a manner deemed appropriate by the Sponsor, at the Sponsor's sole discretion.
6. PRIZE & APPROXIMATE RETAIL VALUE: The four winners of the Sweepstakes will each receive a skincare bundle (the “Prize”). The total Approximate Retail Value (“ARV”) of the Prize is $237.00 USD. 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. Sponsor will not be responsible or liable for any prize that is unclaimed, lost or declined. Sponsor reserves the right to withhold prizes in the event of non-compliance with these terms and conditions or if Sponsor deems, in its absolute discretion, there to have been any malpractice throughout the Entry Period. Sponsor’s decision is final; no correspondence will be entered into. By entering this Sweepstakes you acknowledge and agree that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook or TikTok.
7. GENERAL CONDITIONS: Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes 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 Sweepstakes. Sponsor also reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes 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 Sweepstakes 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 Sweepstakes 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. To the extent permitted by law, participation in the Sweepstakes constitutes permission to use each winner’s name, biographical data, photograph, hometown, testimonial or other likeness and/or prize information or personal exposition for promotional, advertising and/or publicity purposes by Sponsor or its designee(s), without further compensation to or approval by the winner. All entrants hereby irrevocably assign all or any rights in the entries submitted to Sponsor including but not limited to any intellectual property rights and/or any moral rights subsisting therein. The winning comments and associated names may be published on any of Sponsor’s online channels or in any internal Sponsor materials.
8. LIMITATIONS OF LIABILITY: By entering the Sweepstakes, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, 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 Sweepstakes, 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 SWEEPSTAKES, ENTRANTS AGREE THAT SPONSOR AND 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 SWEEPSTAKES OR IN ANY SWEEPSTAKES-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 SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE, OR MERCHANDISE DELIVERY. SPONSOR AND 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. Unfortunately, transmission of information via the internet is not completely secure. Although Sponsor will do its best to protect data, it cannot guarantee the security of data transmitted to it and any transmission is at your own risk.
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 Sweepstakes, you release and discharge Sponsor and the Released Parties from any liability whatsoever in connection with the Sweepstakes, your participation in the Sweepstakes, 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 Sweepstakes. 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 Sweepstakes. Additionally, you hereby agree to indemnify 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 Sweepstakes 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: Birthday Skincare Bundle Sweepstakes, c/o Oh K!, Vivona Brands, 3825 Edwards Rd #103, Cincinnati, OH 45209. If you have any questions regarding this Sweepstakes or would like to obtain the name of the Prize winner (available after October 19th, 2020), send a self-addressed, stamped envelope to: Birthday Skincare Bundle Sweepstakes, c/o Oh K!, Vivona Brands, 3825 Edwards Rd #103, Cincinnati, OH 45209. All requests for Official Rules and the Prize Winners must be received on or before December 1st, 2020.
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.
1. Oh K! is part of Vivona Brands whose registered office is at 131-133 Upper Richmond Road, London, SW15 2TR .
8. Competitions such as giveaways and brand partnerships have the right to hold data if needed for future services and competitions. No other retailers or brand partner ships are included unless stated.
Last Updated 16.03.2019 (World Panda Day Competition)
1. This prize draw is open to all UK/USA residents excluding:
Last Updated: 13.03.2018
Last Updated: 13.03.2018
ONLINE SURVEYS AND FORMS
Time to time, we would send out online surveys to our customers and mailing lists, so we are able to capture relevant feedback an data to improve the services we provide. If you receive an invite to fill out a feedback form, please read our T&C's below:
1. Oh K! is part of Vivona Brands whose registered office is at 131-133 Upper Richmond Road, London, SW15 2TR
2. The online form survey incentive is open to all UK, EU & US customers of Oh K! who have consented to our mailing list and have accepted email marketing at checkout.
3. Customers who are on the mailing list will receive an invite to take part on a online survey. This cannot be shared by a customer with any other applicants outside the mailing list.
4. Customer has to fill out all fields of the online including email address to bqualified into the giveaway or the incentive given.
5. You agree that all answers submitted are truthfully answered and are in the interest of improving the services we provide.
6. Incentives, prizes and giveaways cannot be exchanged for a refund or cash value.
7. All orders using the incentive are final and cannot be refunded or exchanged.
8. We keep the data for 1 year from submission date for all territories.
9. In some cases, feedback might be shared with third-parties. If this is the case, full consent and data will be provided upon filling out the survey. All other surveys are for internal use only to improve our services.
10. Prize may differ per a survey. Please read the survey detailing before applying.
11. Data is held under the compliance of our privacy policy. We use our data processor, Dotmailer, for all surveys.
REVIEWS
Want to leave us a review online, or get the chance to be featured? Before leaving your reviews, please read the T&C's below:
1. Oh K! is part of Vivona Brands whose registered office is at 131-133 Upper Richmond Road, London, SW15 2TR
2. The online review incentive is open to all UK, EU & US customers of Oh K! who have consented to our mailing list and have accepted email marketing at checkout.
3. Customer has to fill out all fields of the review including email address on the appropriate product page to be qualified into the giveaway.
4. One winner is chosen per a week. They will be contacted by happinesseveryday@ohklife.us.com via email for confirmation on delivery confirmation.
5. Winners are selected through an automated system.
6. This is only open to US, UK & EU customers only.
7. Prize includes $10 e-voucher which can be redeemed on any purchase over $20.00.
8. We will notify the winner directly for any delivery or stock issues arise if linked to their order.
9. Your basket cannot be amended, exchanged for full cash value.
10. Oh K! have the right to cancel any orders due to circumstances out of our control, including stock shortages or internal support.
11. Data is held under the compliance of our privacy policy. We use third party YOTPO as our review processor.
12. Our review incentive has no closing date – this is an ongoing data capture to help improve the online and product services we provide until further notice.