theBalm Sweepstakes Terms and Conditions
THEBALM CUSTOMER SURVEY SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The TheBalm Customer Survey Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States who are eighteen (18) years or older at the time of entry and have reached the age of majority in his/her state at time of participation, whichever is older. Void where prohibited by law. Employees of TheBalm, Inc. and/or any of its affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes and their respective 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 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 decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
The Sweepstakes is sponsored by TheBalm, Inc., 4649 Air Center Circle Suite 101, Reno, Nevada 89502. (“Sponsor”).
Sweepstakes Entry Period
The Sweepstakes begins on February 2, 2021 at 12:00:01 a.m. E.T. and ends at 12:00:00 p.m. E.T. on February 9, 2021 (the “Sweepstakes Period”).
How to Enter
There is one (1) way to enter. During the Sweepstakes Period, select customers will automatically receive one (1) Customer Survey link via email asking them to complete a survey on their customer experience and provide their email address for entry. Limit one (1) customer survey per person during the Sweepstakes Period. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected surveys and/or emailed requests, which will be disqualified.
All Customer Survey entrance will be randomly entered into an electronic randomized name selector. On or about February 5, 2021, Sponsor will select three (1) winning survey respondent (the “Winning Codes”) for the grand prize described below in a random drawing from among all valid customer survey entrants generated by Sponsor. The winner will be notified via email to claim a prize (a “Notification”). Failure to respond to the Notification within seven (7) calendar days of its publication may, in Sponsor’s sole discretion, result in disqualification and a new potential grand prize.
- THE POTENTIAL SWEEPSTAKES WINNERS MAY BE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
Verification of Potential Winner
The potential grand prize winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential prize winners may be required to produce to Sponsor his/her Customer Survey or Sponsor’s Survey Entry Request reply email, as the case may be, and to sign and return to Sponsor, for Sponsor’s receipt within seven (7) calendar days of the date notice is sent, an affidavit of eligibility and liability/publicity release (except where prohibited), and proof of being the Entrant. If a potential winner(s) cannot be contacted, fails to produce the original requested documents or to sign and return the affidavit of eligibility and liability/publicity release, or if the prize or other prize communication is returned as undeliverable, potential winner(s) forfeits prize. In the event that a potential winner(s) of a prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
One (1) grand prize will be awarded. The Grand Prize Winner will receive a $400 gift card to Sponsor’s website. The grand prize reward of $400 can only be utilized on thebalm.com and can not be used towards the purchase of theBalm products at any other online or store retail location. The grand prize must be used within 12 months of receipt of gift card. Grand prize is towards full priced products only and can’t be used in conjunction with any other sale or discount taking place on thebalm.com. Odds of winning depend on the number of eligible entries received. Prizes are non-transferable. No substitution, cash redemption, assignment or transfer of prize permitted, except by Sponsor, who reserves the right in its sole discretion to substitute a prize with another prize of greater or equal value. All federal, state and local taxes, if any, related to a prize are the responsibility of the individual winner.
Entry Conditions and Release
By entering, each participant agrees to: (a) 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; (b) release and hold harmless the Sponsor and Instagram, and their respective parents, 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, members, 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 (c) indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize.
Survey entries are void if not obtained through authorized, legitimate channels, or if any part is defective, altered, duplicated, photocopied, forged, counterfeited, mutilated or tampered with in any way, or if survey entry contains or is the result of printing, seeding, typographical, mechanical or other errors, or do not contain proper security devices. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason or 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. Not responsible for late, lost, misdirected, or postage due mail. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process, the survey entries or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other Sweepstakes 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 phone lines or 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 and/or Survey Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, including but not limited to prize 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 Entrant; (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 any entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. Entrant further agrees that 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. 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 Nevada, without giving effect to any choice of law or conflict of law rules (whether of the State of Nevada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nevada.
Sponsor’s use of personal information is subject to TheBalm, Inc.’s Privacy Statement, which is subject to change at any time, and which is located at https://thebalm.com/pages/updated-privacy-policy.
For Sweepstakes results, send a hand-printed, self-addressed, stamped envelope to TheBalm Customer Survey Sweepstakes Winner’s List c/o TheBalm, Inc., 4649 Air Center Circle Suite 101
Reno, Nevada 89502. Requests for the Winner’s List must be received by Sponsor within 10 calendar days after the end of the Sweepstakes Entry Period.