MOXIBELLA HEALTH AND BEAUTY
Sweepstakes Contest (“Contest”)
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Moxibella and not to Facebook. By participating in this promotion you agree to a complete release of Facebook from any claims. Any questions, comments or complaints regarding the promotion will be directed to Sponsor, not Facebook.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE CONTEST PERIOD.
The MOXIBELLA HEALTH AND BEAUTY Sweepstakes Contest (the “Contest”) starts on January 10,
- ELIGIBILITY: Open only to residents of the fifty (50) United States (excluding Puerto Rico) and the District of Columbia, 18 years of age or older at time of entry. Anyone under the age of majority in their state, (eighteen (18) in most states, nineteen (19) in Alabama and Nebraska, and twenty-one (21) in Mississippi) at the time of entry must also have the consent of one of his or her parents or legal guardian, and a parent or other legal guardian must agree to the enforceability of these official rules. Void where prohibited. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of Moxibella.com (“Sponsor” and “Administrator”), Moxibella, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win. By participating, Entrants agree to be bound by these Official Rules and the decisions of the judges and/or Sponsor, which are binding and final on matters relating to this Contest. The Contest is subject to all applicable federal, state and local laws.
- REQUIREMENTS OF ENTRIES: Any photo, video or comment submitted in connection with the Contest: (i) must be original work of entrant; (ii) must be truthful and accurate; (iii) may not include any exaggerated product claims or criticisms of third party products; (iv) may not be inappropriate, offensive, libelous or defamatory, pornographic, unlawful or plagiarized, as determined by Sponsor in its sole discretion; (v) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, as determined by Sponsor in its sole discretion; (vi) may not violate or encourage others to violate any applicable law, statute, ordinance or regulation; (vii) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights; (viii) may not contain commercial or corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than those relating to Sponsor; and (ix) if found to be in violation of these rules will be disqualified and therefore removed from the Contest.
- PERMISSION: By submitting a Contest entry, Entrant hereby grants permission for the Contest entry to be posted on Sponsor’s and its affiliates, branded websites and social platforms and on third-party retail sites featuring Moxibella and Moxibella emails. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Contest entries by third parties. Released Parties do not guarantee the posting of any Contest entry. Entrants agree that they will not use the entry for any other purpose, including, without limitation, posting the Contest entry to any online social networks, without the express consent of Sponsor in each instance.
- DRAWING: A maximum of up to 120 Winners may be chosen to receive Sweepstakes and Contest Rewards. Ten (10) potential “RANDOM WINNER” winners will be selected (up to 100 total) after every 100 individual ‘Buy 1 Get 2 Free’ sales (minus returns), until such time as the Sweepstake Contest ends or Moxibella decides to end the Sweepstake Contest. Two (2) potential “CONTEST WINNERS” with the most Contest Points (from social and email sharing and new Entrants generated) to that time period (excluding previous Winners) will be selected (up to 20 total) after every 100 ‘Buy 1 Get 2 FREE’ sales (minus returns), until such time as the Sweepstake Contest ends or Moxibella decides to end the Sweepstake Contest. Odds of winning depend on the number of eligible entries received and product purchases made during Sweepstake Contest time period.
- WINNER NOTIFICATION: Potential winner will be notified within three (3) days of the winner, by either email (so make sure your email submission is accurate), Facebook, or Instagram. If the user has enabled messaging on their Facebook or Instagram account, the potential winner may be notified via direct message on their Facebook or Instagram account by Sponsor. If the potential winner does not have direct messaging enabled, the potential winner may receive prize notification via a comment on their submitted Instagram photo/post from Sponsor. Potential winner may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, publicity release within seven (7) days of the date of issuance. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner, potential winner does not respond to Sponsor’s communication with 48 hours from time of contact for any reason, or a potential winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected. If a potential winner is an eligible minor in his/her jurisdiction of residence,
prizemay be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein.
- PRIZES: Each RANDOM WINNER will receive their choice of One (1) FREE Moxibella.com (‘in-stock’) product, including free shipping (in the US). Approximate Retail Value (“ARV”) is $49.00 – $89.00 (not including shipping costs of $6.95). Each CONTEST WINNER will receive their choice of 12 (each Moxibella product is 1-month supply) FREE Moxibella.com (‘in-stock’) products, including free shipping (in the US). Approximate Retail Value (“ARV”) is $588.00 – $1,068.00, (not including shipping costs). Product selection determined by Entrant. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute
prize(or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Sponsor reserves the right not to award any or all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified sales during the Contest period. Should there be a “tie,” the Winner shall be the person who entered the contest first.
- GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or postage-due mail, entries or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Entrants, by participating, agree that Sponsor, Moxibella, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective managers, officers, directors, employees, representatives and agents (collectively, “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, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest. Each winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Moxibella reserves the rights to amend, change, alter, cancel, modify, extend, or suspend the Moxibella Contest at any time and for whatever reason whatsoever, and without notice. Persons purchasing Moxibella during a sale, are limited to a maximum of 2 individual product purchases (plus discounted or “free” products included in the product sale) for a period of 60 days. Should there be a product pricing error on the website, that pricing error when found shall not be in effect, and though published, anyone who purchased a product that was priced in error shall not receive the product at that price, nor will they be charged.
- CAUTION: ANY BREACH OF THIS AGREEMENT OR ANY ATTEMPT TO MANIPULATE VOTING/POINTS OR DELIBERATELY DAMAGE THE WEBSITE, SOCIAL MEDIA OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST OR MOXIBELLA IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Sponsor; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased.
- WINNERS’ LIST: For the names of the winner (available after February 7th, 2018), send a self-addressed stamped envelope to MOXIBELLA Contest Winners, c/o Moxibella, 1968 S Coast Hwy #1976, Laguna Beach, CA 92651, for receipt no later than August 12, 2018.
- SPONSOR and ADMINISTRATOR: Moxibella, 1968 S Coast Hwy #1976, Laguna Beach, CA 92651.