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GIVEAWAY RULES & REGULATIONS

GIVEAWAY RULES & REGULATIONS

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NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. VALID ONLY IN CANADA (EXCLUDING QUEBEC) AND IS INTENDED FOR PARTICIPATION IN CANADA (EXCLUDING QUEBEC) ONLY.

OVERVIEW

Amorepacific Canada Inc. (“Sponsor”) is committed to becoming the “Asian Beauty Creator” to its Canadian customers through its brands—AMOREPACIFIC, SULWHASOO, LANEIGE, INNISFREE and ARITAUM—and has continuously strived to make the true beauty of Asia known to the rest of the world. From time to time, Sponsor will host giveaways through the Instagram platform (each, a “Giveaway”) by uploading a post (each, a “Giveaway Post”) where entrants will have the opportunity to win prizes ranging from products to experiences as specified in the Giveaway Post (each, a “Prize”). The Prizes will be awarded in accordance with these Official Rules, and by participating in the Giveaway, 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. Although the Giveaway is administered through the Instagram platform, it is in no way sponsored, endorsed or administered by, or associated with, Instagram, and each entrant releases Instagram from any and all liability in connection with the Giveaway. Any questions, comments or complaints regarding the Giveaway must be directed to the Sponsor and not to Instagram.

ELIGIBILITY TO ENTER

The Giveaway is open only to legal residents of Canada (excluding residents of Quebec) who are physically located and residing therein and who warrant and represent that they meet all of the following requirements as of the time their entry into the Giveaway is deemed complete: (a) they are 18 years of age or older and at least the age of majority in their province/territory of residence; (b) they have Internet access; (c) they have carefully read and reviewed prior to agreeing to, and agreed to as instructed, these Official Rules; and (d) they have an active Instagram account (free to download). Sponsor and its affiliates, their respective directors, officers, employees, or agents, and other persons/entities involved or directly associated in the development, handling, production, implementation and distribution of the Giveaway (collectively “Sponsor Entities”) and/or members of their immediate families and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Giveaway. For certain Giveaways, additional restrictions on eligibility may apply, which will be specified in the applicable Giveaway Posts. This Giveaway is void where prohibited by law.

HOW TO ENTER

To enter the Giveaway, you must follow and complete all of the steps as instructed in the applicable Giveaway Post in which a link to these Official Rules will appear (“Submission”). The Submission must be completed during the entry period specified in the applicable Giveaway Post (“Entry Period”). By completing a Submission, you are acknowledging and agreeing that: (a) Sponsor has the right to use your Submission in connection with this Giveaway, its advertising, and/or in accordance with its terms of use located on its websites; (b) Sponsor may use any personally identifiable information collected in connection with the Giveaway for marketing and promotional purposes; and (c) you unconditionally accept and will comply with these Official Rules.
Once you complete a Submission, you will be entered into the Giveaway; provided, however, that any Submission that does not comply with these Official Rules will be disqualified and will not be eligible for entry. Any attempted form of entry into the Giveaway other than as described herein is void. Sponsor reserves the right to verify eligibility of all entrants. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. By entering the Giveaway, entrants agree to comply with these Official Rules including all eligibility requirements.
Limit one entry per person per Giveaway. Multiple entries submitted for the Giveaway will count only as one entry, and will not qualify as an entry for any other Giveaway whether in the past or future. Any attempt by an entrant to obtain more than the allowable number of entries, including without limitation by using more than one Instagram account will void all of that entrant’s entries. Any person attempting to defraud Sponsor or tamper with the Giveaway in any way will not be eligible for a Prize, and the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including prosecution. Sponsor Entities are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Proof of entry does not constitute proof of delivery or Sponsor’s receipt of that entry. Sponsor reserves the right to modify the scheduling of the Giveaway without prior notification. In the event of a dispute regarding the identity of the entrant, the entry will be deemed to be submitted by the person in whose name the Instagram account was registered on the date the entry is submitted.
All Entries, Submissions and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Giveaway; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Submissions and/or other information entered (or purportedly entered) for the purposes of this Giveaway; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Giveaway in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Giveaway will be the official time-keeping device(s) of the Sponsor.

SUBMISSION RULES

By submitting a Submission, you agree that your Submission (and each individual component thereof) complies with all conditions stated in these rules. The Sponsor Entities will bear no liability whatsoever regarding: (i) the use of your Submission (or any component thereof); (ii) participation in any Giveaway-related activities; (iii) any use, collection, storage and disclosure of any personal information; and/or (iv) if declared the winner, a Prize (including any use or misuse of a Prize). The Sponsor Entities shall be held harmless by you in the event it is discovered that you have departed from or not otherwise fully complied with any of these rules and/or the social platform rules (as applicable).
By participating in the Giveaway, each entrant hereby warrants and represents that any Submission he/she submits:
i. are original to him/her and that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of entering such Submission in the Giveaway;
ii. do not violate any law, statute, ordinance or regulation or the applicable terms, rules, policies and guidelines of the social platform;
iii. do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
iv. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
v. are not defamatory, trade libelous, pornographic or obscene, and further that such Submission will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Submission must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained --- note: all identifiable third party products, trade-marks, brands and/or logos for which consent has not been obtained by the entrant must be blurred out so as to be unrecognizable); conduct or other activities in violation of these rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
The Sponsor reserves the right to screen all Submissions. Any Submission the Sponsor deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules is subject to disqualification. The Sponsor reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Submission (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Submission (or any part thereof) in order to help ensure that the Submission complies with these rules, or for any other reason. If such an action is necessary at any point during or after the Giveaway, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Submission (and therefore the corresponding entry and the associated entrant) – to help ensure that the Giveaway is being conducted in accordance with the Sponsor’s interpretation of the letter and spirit of these rules.
By entering the Giveaway and submitting a Submission, each entrant: (i) without limiting the applicable social platform rules, as applicable, grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Submission (and each component thereof), in whole or in part, for advertising or promoting the Giveaway or for any other reason; (ii) waives all moral rights in and to his/her Submission (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Submission); and (iii) agrees to release and hold harmless the Sponsor Entities from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Submission (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.

WINNER SELECTION AND NOTIFICATION

Within 10 business days following the Entry Period, at approximately the date and time specified in the Giveaway Post, and at the Sponsor’s offices in Toronto, Ontario, Sponsor or its designee will select potential winners (each, a “Potential Winner”) in a random drawing from among all eligible Submissions received by Sponsor during the Entry Period. Sponsor will attempt to notify a Potential Winner via private message to the Instagram account used in the Submission. A Potential Winner must respond to Sponsor within 48 hours of Sponsor’s first notification attempt. If a Potential Winner does not respond to Sponsor within 48 hours of Sponsor’s first notification attempt, then he or she will be disqualified and Sponsor may, but is not required to, randomly select an alternate Potential Winner, in which case the foregoing will apply to such new selected entrant.
Odds of winning are dependent on number of eligible entrants, and making a purchase will not increase your odds of winning. Sponsor’s decisions are final and binding on all matters relating to the Giveaway, and each entrant agrees to be bound by and not challenge the final decisions of Sponsor. Sponsor shall have no liability for failed notification attempts that are lost, stolen, undeliverable, intercepted, or not received by a Potential Winner or an alternate Potential Winner for any reason. A Potential Winner who receives a Prize is known as the “Winner.”

GIVEAWAY PRIZE

The number and description of Prizes awarded for each Giveaway, including the Approximate Retail Value of each Prize (“ARV”) will be specified in the applicable Giveaway Post. No substitution, transfer, refunds, or cash equivalent for a Prize (or Prize component) is permitted, except at the Sponsor’s sole and absolute discretion. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize of equal or greater retail value. The ARV of a Prize represents Sponsor’s good faith determination and cannot be challenged or appealed. In the event the ARV of a Prize (or Prize component) is more than the actual retail value or fair market value of a Prize (or Prize component), the difference will not be awarded in cash or otherwise. If Winner forfeits a Prize, this forfeiture will serve as complete fulfillment of the obligation by Sponsor and no additional compensation will be awarded. Winner is solely responsible for all costs, incidentals, and any other expenses not specifically mentioned as being included. All applicable federal, provincial/territorial, local or other taxes are the sole responsibility of Winner.
BEFORE BEING DECLARED AS A CONFIRMED PRIZE winner, an eligible winner will be required to correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release). Winner may also be required to sign, and return a Liability Release, a Publicity Release in a form requested by the Sponsor, and/or any other documentation that Sponsor may require (collectively “Documentation”), within 5 days after the Sponsor provides such Documentation or you may be disqualified and an alternate Potential Winner may be randomly selected from among the remaining entrants at Sponsor’s sole discretion in which case the foregoing will apply to such new selected entrant.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, A PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSES). ACCEPTANCE, PARTICIPATION IN AND/OR USE/MISUSE OF A PRIZE ARE AT THE WINNER’S SOLE RISK, AND SPONSOR IS NOT RESPONSIBLE FOR DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE AND/OR MISUSE OF A PRIZE.
Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.

WINNER PROMOTION BY SPONSOR

By participating in the Giveaway and accepting a Prize, you hereby grant Sponsor permission to use your name, Submission, photograph, image, likeness, voice, biographical information, statement, and complete address for commercial, advertising and publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without notice, review or approval and without further compensation (except where prohibited by law) and releases the Sponsor from all claims arising out of the use thereof

GENERAL CONDITIONS AND DISCLAIMERS

This Giveaway is subject to these Official Rules and all applicable federal, provincial/territorial, and local laws. By participating in the Giveaway, each entrant: (a) agrees to waive any right to claim any ambiguity or error in these Official Rules or the selection procedures or the Giveaway itself; (b) agrees to be bound by these Official Rules and by all decisions of Sponsor, whose decisions are binding and final in all respects; and (c) attests to the provisions stated in these Official Rules and compliance with these Official Rules. If, for any reason, the Giveaway is not capable of running as planned, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, Sponsor reserves the right to disqualify any entrant it finds who tampers with the entry process or operation of the Giveaway or website, and to cancel, terminate, modify, or suspend the Giveaway without notice. Sponsor is not responsible for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any website, theft or destruction, or unauthorized access to, or tampering with or hacking of any website, any combination thereof, or otherwise, including any injury or damage to any entrant’s or any other person’s computer/phone related to or resulting from an entrant’s participation in the Giveaway. Moreover, the failure of Sponsor to comply with any provision of these Official Rules due to an act of third party delivery services, God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
BY PARTICIPATING IN THE GIVEAWAY, YOU AGREE THAT THE SPONSOR ENTITIES SHALL HAVE NO RESPONSIBILITY OR LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY OR DEATH) IN CONNECTION WITH THE GIVEAWAY (INCLUDING, BUT NOT LIMITED TO, MISPRINTED OR TYPOGRAPHICAL ERRORS ON ANY GIVEAWAY POST), INCLUDING PARTICIPATION, ACCEPTANCE/POSSESSION AND/OR USE OR MISUSE, AND/OR DEFECT OF A PRIZE, EVEN IF CAUSED BY THE NEGLIGENCE OF THE SPONSOR ENTITIES. YOU HEREBY ACKNOWLEDGE THAT SPONSOR ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO A PRIZE, TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to release, defend, indemnify and hold harmless each of the Sponsor Entities from and against any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, damages, costs, attorneys’ fees, and losses that may arise in connection with any and all of the rights and benefits you confer upon the Sponsor Entities in these Official Rules, including any and all liability resulting or arising from Sponsor’s use of any entries or your participation in the Giveaway.

DISPUTE RESOLUTION

Except where prohibited, you hereby agree that: (a) any and all disputes, claims and causes of action arising out of or connected with the Giveaway or the Prize shall be resolved individually, without resort to any form of class action, and exclusively by courts located in Ontario, Canada; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering into the Giveaway, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased.

GOVERNING LAW

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of an entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada, without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario, Canada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario, Canada.