If you participate in our Shapermint Summer Spree Giveaway (the “Giveaway”) you fully accept these general terms and conditions (“Terms & Conditions”) and are representing that you fulfill all eligibility requirements.
- 1. NO PURCHASE NECESSARY TO ENTER OR RECEIVE A PRIZE. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ONE (1) ENTRY PER PERSON.
- 2. GIVEAWAY ENTRANTS AND PRIZE RECIPIENTS MUST BE LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA OR THE DISTRICT OF COLUMBIA, AND HAVE A VALID EMAIL ADDRESS. RESIDENTS OF THE STATE OF RHODE ISLAND MAY NOT PARTICIPATE IN THIS GIVEAWAY.
- 3. THE ENTRANTS MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE, OR AT LEAST NINETEEN (19) IF A RESIDENT OF NEBRASKA OR ALABAMA, OR AT LEAST TWENTY-ONE (21) IF A RESIDENT OF MISSISSIPPI OR THE DISTRICT OF COLUMBIA.
- 4. THIS GIVEAWAY IS VOID OUTSIDE THE UNITED STATES AND DISTRICT OF COLUMBIA AND WHERE PROHIBITED BY LAW. PARTICIPATION IN THE GIVEAWAY CONSTITUTES ENTRANT'S FULL AND UNCONDITIONAL AGREEMENT TO FULLY COMPLY WITH THESE TERMS & CONDITIONS. WINNING A PRIZE IS CONTINGENT UPON FULFILLING ALL REQUIREMENTS SET FORTH HEREIN.
5. SPONSOR: The Sponsor of the Giveaway is Overnel S.A. (Dr. Luis Bonavita 1294 (WTC Montevideo Free Zone), 11300 Montevideo, Uruguay.
- 6. Employees or contractors of Overnel S.A. (hereinafter, the “Sponsor”), and each of its respective parent companies, subsidiaries, affiliated companies, distributors, divisions, advertising and promotion, fulfillment and/or judging agencies and dealers (such entities, hereinafter collectively referred to as the "Released Entities") and such employees' immediate family members and household members (whether or not related), are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state and local laws and regulations.
7. ENTRY PERIOD: Entries will be accepted online starting on July 8, 2021 at 12:01 AM PDT and ending on July 28, 2021 at 11:59 PM PDT (the “Entry Period”). That is, all online entries must be received latest by July 28, 2020 at 11:59 PM PDT.
8. HOW TO ENTER: All entrants may enter to win by: (a) visiting https://shapermint.com/pages/summer-spree-giveaway and completing the free online form there available, or clicking on the pop-ups which may appear at Shapermint.com which relay the user to said free online form, or (b) making a purchase at Shapermint.com during the Entry Period and completing the required information at the checkout. INCOMPLETE FORMS WILL BE DISQUALIFIED FROM THE GIVEAWAY. Only one (1) entry per person (i.e. per valid email address) shall be admitted, regardless of their method of entry. The entries of any persons attempting to enter more than once shall be discarded. Entries are the property of the Sponsor and will not be acknowledged or returned. Sponsor is not responsible for lost, late, incomplete, or otherwise misdirected entries that are processed late. All materials submitted become and shall remain the sole property of Sponsor, who may publish or cause to be published any of the entries received and which shall not be acknowledged or returned.
- 9. Each individual who meets all applicable eligibility requirements set forth herein and who successfully completes the process of entering this Contest by means of either method described in Section 8, above shall be deemed an “Entrant”.
10. PRIZE RANDOM DRAWING: The Prize winners will be selected in three (3) random drawings to be conducted from among all eligible entries received throughout the Entry Period on the following dates:
Week 1- July 8, 2021 – July 14, 2021 - Winners announced on July 15, 2021 (5 winners)
Week 2- July 15, 2021 – July 21, 2021 - Winners announced on July 22, 2021 (10 winners)
Week 3- July 22, 2021- July 28, 2021 - Winners announced on July 29, 2021 (10 winners)
The potential winners will be contacted at the email address provided by the Entrants.
11. ODDS OF WINNING: The odds of winning the Prize will depend upon the total number of eligible entries received.
12. THE PRIZE: Twenty-five (25) winners shall each receive a prize consisting of one (1) American Express® gift card, each for a value of one thousand U.S. dollars ($1,000). The prize winner is solely responsible for all federal, state and local taxes (if any) on the value of their prize. No substitutions allowed. The prize is non-transferable.
American Express® is a registered trademark of the American Express Company. The entrant acknowledges and accepts that the Giveaway is in no way sponsored, endorsed, administered by or associated with American Express®. American Express® will not assist the entrant with the Giveaway. Use of an American Express® gift card received through the Giveaway is also subject to American Express® terms and conditions (available at https://www.amexgiftcard.com/).
13. CLAIMING PRIZE/RELEASES: Prize Winners will be contacted at the email address provided on the entry form or upon making a purchase on Shapermint.com, as the case may be. The winners must respond to the email correspondence within 10 days of the initial email with the appropriate requested information. Requested information may include, but is not limited to, full name, date of birth, shipping address, current employer and contact information, copy of US identification card.
IF A SELECTED POTENTIAL PRIZE WINNER FAILS TO COMPLY WITH THE TERMS & CONDITIONS WITHIN THE DESIGNATED PERIOD, IS INELIGIBLE FOR THE PRIZE OR DECLINES A PRIZE, THE POTENTIAL PRIZE WINNER WILL BE DISQUALIFIED AND THE PRIZE WILL BE AWARDED TO AN ALTERNATE WINNER IN A RANDOM DRAWING FROM AMONG ALL REMAINING ELIGIBLE ENTRIES. ELIGIBILITY, AGE, AND CLAIMS MADE BY ANY POTENTIAL PRIZE WINNER ARE SUBJECT TO VERIFICATION.
Sponsor is not responsible for any fraudulent calls and/or e-mails made to entrants not by the Sponsor.
Notwithstanding anything to the contrary herein, stated on-air, published online, or otherwise communicated to a potential Winner, no potential Winner of will be entitled to receive any Prize until Sponsor has verified such potential Winner’s Contest eligibility and compliance with the Contest rules and until such potential Winner has completed and submitted all documents required by Sponsor. In order to receive any Prize, Winner(s) may be required to (i) present a valid photo identification issued by a commonwealth, state, or territory of the United States or by the United States federal government; (ii) complete and submit an IRS Form W-9 in its entirety, including with the Winner(s) valid United States taxpayer identification number or social security number; and/or (iii) provide or complete and sign any other documents required by the Sponsor, including without limitation, one or more liability release agreements relieving the Sponsor, its parent and affiliates and their respective officers, directors, members, managers, employees, agents, Contest sponsors and others from any and all liability with respect to the Entrant’s participation in the Contest and the receipt and/or use of the Prize. Any person who refuses to present a valid government issued photo ID, to provide a valid social security number, and/or to provide or complete and sign any other documents required by the Sponsor by the deadline required by the Sponsor will forfeit any and all Prizes. The Sponsor reserves the right to examine identification and may reasonably choose to accept or deny awarding the Prize based on the identification presented.
Acceptance of a prize constitutes permission by Potential Prize Winner for Sponsor and/or its designees to use the Potential Prize Winner’s name, address, testimonial or other likeness and/or prize information or personal exposition (and/or any edited portion thereof) for promotional, advertising and/or publicity purposes in any media, now or hereafter known, throughout the world for a term of 10 years, without compensation or notice to, or further consent of, the Prize Winner the extent permitted by law.
14. GENERAL CONDITIONS: By submitting an entry, all entrants and Potential Prize Winners:
(a) agree to totally and completely release and hold harmless Sponsor and the other Released Entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in the Giveaway, or the acceptance, possession, use or misuse of any prize, and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery, regardless of whether any claim(s) for loss or damage under this paragraph, or knowledge of the facts constituting such claim(s), exist at the time of entrant’s entry into the Giveaway or arise at any time thereafter;
(b) acknowledge and agree that Sponsor and the other Released Entities have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, oral or written, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose; and,
(c) agree to fully comply with these Terms & Conditions.
Any person attempting to defraud or in any way tamper with the Giveaway, as determined in the Sponsor’s sole discretion, will be ineligible for the prize and may be prosecuted to the fullest extent of the law.
- 15. LIMITATION OF LIABILITY:
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR ENTRY INTO THE GIVEAWAY, EVEN IF SUCH LOSSES WERE FORESEEABLE AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the other provisions of these Terms and Conditions, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your entry into the Giveaway, our liability shall in no event exceed your actual out-of-pocket expenses directly associated with entering the Giveaway.
Some jurisdictions do not allow limitations of liability, so some or all of the foregoing limitations may not apply to you.
16. DISPUTES: This Giveaway is governed by the laws of Uruguay, without respect to conflict of law doctrines. As a condition of participating in this Giveaway, the entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively through arbitration through the International Court of Arbitration of the International Chamber of Commerce, in accordance with its Rules of Arbitration in effect at the time a request for arbitration is submitted. The exclusive locale for such arbitration shall be Montevideo, Uruguay. Further, in any such dispute, under no circumstances shall the entrant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees. The entrant’s recoverable damages shall be limited to entrant’s actual out-of-pocket expenses (i.e. costs directly associated with entering this Giveaway). The entrant further waives all rights to have damages multiplied or increased.
17 MISCELLANEOUS: All entries become the sole property of Sponsor and none will be returned. In the event of a dispute, entries made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. If for any reason the Giveaway is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of the Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, the Sponsor reserve(s) the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sponsor. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsor(s) on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Giveaway. The Sponsor may prohibit an entrant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or ANA representatives. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ANA RESERVE(S) THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
This Giveaway is open only to eligible residents of the United States as described above. If you access the Giveaway from the European Economic Area, United Kingdom, Switzerland, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
19. COMMUNICATION OF THE GIVEAWAY ON SOCIAL MEDIA: The Sponsor may communicate the Giveaway on various social media platforms, including Facebook, Twitter, Pinterest and Instragram. In light of this, the entrant fully acknowledges, accepts and is bound to the following. The entrant hereby agrees to release and hold harmless Facebook, Twitter, Pinterest and Instagram from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) the entrant’s participation in the Giveaway and the entrant’s acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Giveaway; (v) electronic or human error in the administration of the Giveaway or the processing of entries. The entrant acknowledges and accepts that the Giveaway is in no way sponsored, endorsed, administered by or associated with Facebook, Twitter, Pinterest and/or Instagram. Neither Facebook, Twitter, Pinterest or Instagram shall assist the entrant with the Giveaway.
REGISTRATION TERMS & CONDITIONS
Upon registering for the Giveaway, I hereby grant Overnel S.A. and its affiliates and assigns (the “Sponsor”) the rights and permissions to use for a term of 10 years, my name, likeness, image, voice, recorded voice, appearance, biographical information, statements, performance and/or testimonial(s) (collectively, “Appearance”) in any manner and in any media, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing Sponsor’s products and services, without review, permission or compensation of any amount or kind whatsoever. The Sponsor shall have complete ownership of any recording, product, copy, presentation or other material or file containing or featuring my Appearance (“Product”), including copyright interests, and I acknowledge I have no interest or ownership in the Product (or any portion thereof) or its copyright. This grant includes without limitation the right for Sponsor to edit, abridge, augment, title, or create a compilation from my Appearance in whole or part as Sponsor may elect in its sole discretion.
I hereby waive any and all defenses I may have based on the electronic form of these Terms & Conditions and the lack of signing by the parties hereto to execute these Terms & Conditions.