NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU, A CLASS-ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. ELIGIBILITY: The Ayond Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Altus, LLC as well as their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each are not eligible to participate. The Sweepstakes is void where prohibited by law.
2. SPONSOR: The sponsor of the Sweepstakes (“Sponsor”) is Altus, LLC, located at 1000 Dean Street # 440, Brooklyn NY 11238. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes. The Sweepstakes is in no way sponsored, endorsed, approved or administered by, or associated with, Instagram.
3. TIMING: The Sweepstakes begins on January 30, 2019 at 12:00 AM Eastern Time (“ET”) and ends on February 5, 2020 at 11:59 PM (ET)(the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. HOW TO ENTER: A valid public Instagram account and Internet access are required to enter this Sweepstakes. Becoming a registered Instagram user and entry into the Sweepstakes is free, but is subject to acceptance of the terms and conditions of use of www.instagram.com.To become a registered Instagram user, visit www.instagram.com and follow the instructions to become a user. During the Sweepstakes Period, Sponsor’s official Instagram account, @_ayond_, will post an announcement of the Sweepstakes to Instagram (“Sweepstakes Post”). To enter, entrant must do all of the following:
(a) entrant must follow @_ayond_ on Instagram at the time of entry, log into his or her Instagram account and comment on the Sweepstakes Post (the comment in the Sweepstakes Post must tag one or more Instagram users in the comment; and (b) entrant must visit https://ayond.us/pages/giveaway and complete all fields in the official entry form (individually, “Entry” and collectively, “Entries”). Limit one (1) Entry per person. To be valid, Entries must be received no later than February 5, 2020 at 11:59 PM (ET). Incomplete entries will be disqualified. Use of any automated system to enter the Sweepstakes is prohibited and will result in disqualification. Any entrant who attempts to enter with multiple Instagram accounts or email addresses will be disqualified from participation and all Entries submitted by that entrant will be void. In the event of a dispute regarding the identity of the individual who actually submitted an Entry that cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible.
5. WINNER SELECTION AND NOTIFICATION: Winners will be selected in a random drawing on February 6, 2020 from among all eligible Entries received by Sponsor during the Sweepstakes Period. The potential prize winners will be notified by email and/or telephone and/or Instagram within 5 calendar days of the drawing. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within five (5) calendar days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such prize will be forfeited and an alternate prize winner may be selected.
6. PRIZE/APPROXIMATE RETAIL VALUE (ARV)/ODDS: One (1) Grand Prize – The Grand Prize winner will receive Ayond High West Skincare Set, ARV: $80.00. Prize is non-transferable and not redeemable for cash. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Odds of winning the Grand Prize depend on the total number of eligible entries received during the Sweepstakes Period. Any unclaimed prize will not be awarded. All applicable federal, state, and local taxes on prize are the sole responsibility of the prize winners.
7. RELEASE: By receipt of prize, Grand Prize winner agrees to release, indemnify and hold harmless Sponsor and Instagram and their subsidiaries, affiliates, suppliers, distributors and prize suppliers, and each of their respective parent companies and each such company’s officers, director, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including but not limited to personal injury, death or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
8. PUBLICITY: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor and its agents’ use of winner’s name, likeness, photograph, voice, signature and address (city/state), recorded or captured in any format, in any manner of media whether now existing or later developed, for promotional and commercial purposes, worldwide in perpetuity, and without further compensation, review or approval, and winner releases all Released Parties from any and all liability related thereto.
9. GENERAL: By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects and not subject to appeal of any kind. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. 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. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law and Sponsor reserves the right to seek damages from any such person to the fullest extent of the law. 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 shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. LIMITATIONS OF LIABILITY: PRIZE IS AWARDED “AS IS.” THE RELEASED PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, REGARDING ANY ASPECT OF THE PRIZE AWARDED IN THE SWEEPSTAKES, INCLUDING BUT NOT LIMITED TO PRIZE QUALITY. The Released Parties are not responsible for lost, late, mutilated or illegible entries, or for any electronic transmission errors that result in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor due to technical problems or traffic congestion on the Internet or at any website and/or wireless network or any combination thereof, or unauthorized human intervention in any part of the Sweepstakes’ entry process. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or not received, then entrant’s sole remedy is another Entry in the Sweepstakes, if it is possible. Sponsor, Instagram and any affiliated and/or associated parties shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein.
11. DISPUTES: By entering the Sweepstakes, entrants irrevocably agree and consent to these dispute resolution terms. Except where prohibited by law, any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of New York or the appropriate New York State Court located in Kings County, New York. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, with no recovery for attorneys’ fees. Except where prohibited by law, entrant waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any choice of law or conflict of law rules or provision that would cause the application of any other state’s laws.
13. WINNER’S LIST: For a list of winners, send a written request by December 31, 2020 to: Ayond Winner’s List, c/o Ayond, 1000 Dean Street #440, Brooklyn NY 11238.