Terms and Conditions - #ThisIsASign Giveaway
Verb® #ThisIsASign Giveaway
(the “Official Rules”)
No Purchase Necessary to Participate or Win. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Verb® #ThisIsASign Giveaway (the “Sweepstakes”) is open to legal residents of the fifty (50) U.S. states (including the District of Columbia), who have reached the age of majority in their State of residence Sweepstakes is void in Puerto Rico, Guam and the Armed Forces. Sweepstakes is also void where prohibited by law. Employees or contractors of VERB PRODUCTS, INC. or any of its respective affiliates, subsidiaries or advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee or contractor are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s (as defined below) decisions, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
Verb Products, Inc., 750 Lexington Avenue, 17th Floor, New York, NY 10022 (the “Sponsor”)
- Sweepstakes Submission Period:
The Sweepstakes submission period begins on December 21, 2023 from the time the post announcing the Sweepstakes (the “Post”) is deployed on Instagram until December 31, 2023 at 11:59 PM EST (the “Sweepstakes Submission Period”). Sponsor is the official timekeeper for this Sweepstakes.
- How to Enter:
During the Sweepstakes Submission Period, you can enter by (1) riding the NYC Subway and taking a photo or video of the Verb Bonding Ads in NYC (2) Post it and tag a friend on your IG Stories saying "#ThisIsASign for @yourfriend to upgrade to @verbproducts #Giveaway". One (1) entry per person.
By entering the Sweepstakes, you are indicating that you have read, understood and fully agree to these Official Rules. Sponsor is not responsible for lost, late, incomplete, invalid, or misdirected submissions which will be disqualified or for problems of any kind whether mechanical, human or electronic.
- Random Drawing:
Winner/s and their nominee will be selected in a random drawing on or around December 31, 2023 from all eligible entries received during the Sweepstakes Submission Period. Odds of winning depend on the number of eligible entries received. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes. The winner will be notified of their win. Potential winner/s must follow the prize claim instructions provided as part of the initial notification and any subsequent claim instructions otherwise the prize will be forfeited in its entirety. Winning is subject to verification of eligibility and compliance with all terms and conditions of these Official Rules. Failure to respond to the initial notification within five (5) days will result in disqualification. To claim prize, winner/s will be required to sign and return within five (5) days, where legal, a General Agreement and Release Form, which will be provided to winner/s in due time. If winner/s cannot be contacted in first two (2) attempts, fails to sign and return the General Agreement and Release Form within the required time period (if applicable), if any prize notification is returned as undeliverable, if winner/s rejects his/her prize or in the event of noncompliance with these Official Rules and requirements, such prize will be forfeited and an alternate winner/s may be selected from all remaining eligible entries. Upon any prize forfeiture, no compensation will be given.
Twenty-five (25) people + their besties (a total of fifty (50) prizes) will be randomly selected and receive a Verb sample pack approximately valued at $25 consisting of:
One (1) Verb Envelope Pouch Bag
One (1) Bonding Shampoo and Mask Sample
One (1) Ghost Shampoo and Conditioner Sample
One (1) Ghost Exfoliating Scalp Nectar Sample
One (1) Ghost Oil Sample
One (1) Curl Shampoo and Conditioner Sample
One (1) Purple Shampoo and Mask Sample
One (1) Hydrating Shampoo and Conditioner Sample
One (1) Glossy Shampoo and Conditioner Sample
Prize values are in United States Dollars (USD) and are approximate. No cash equivalent for the prizes. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. The odds of winning the prize is determined by the total number of eligible entries received. The prize is awarded "as is" with no guarantee, either express or implied. The prize will be provided to the winners within 2-3 weeks. If by reason of a printing, typographical, or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. The prize will be shipped to the winner via Ground Shipping and at the expense of the Sponsor.
- Entry Conditions:
By entering, each entrant agrees to comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes.
By entering, each entrant agrees to: (a) release and hold harmless Sponsor, Instagram, and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (b) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorney fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize.
Except where prohibited, participation in the Sweepstakes constitutes winner’s agreement to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, entrygraph, voice, opinions and/or city and state or province for promotional purposes in any media, worldwide, without further payment or consideration.
- General Conditions:
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 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability:
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of prizes will be awarded.
Entrant agrees that: (a) 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; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in the New York County, New York; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
- Force Majeure:
In no event shall Sponsor be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, COVID-19 restrictions, civil or military disturbances, nuclear or natural catastrophes or acts of God, epidemic, pandemic, diseases, quarantine and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services (“Force Majeure Occurrence”). Sponsor may, at its sole discretion, provide a work-around solution to the Force Majeure Occurrence (such as an alternative prize etc.).
- Entrant’s Personal Information:
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. All questions, comments or complaints regarding the promotion should be directed to the Sponsor.