The 2024 Thanks
& Giving Event 5 Days Of Giveaway Sweepstakes
OFFICIAL
RULES
NO
PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
PROMOTION
DESCRIPTION: “The 2024 Thanks & Giving
5 Days Of Giveaway’s Sweepstakes” Promotion (the
“Promotion”) begins on or about at 12 a.m. PST 11/17/2024 and ends on or about 11/21/2024
at 4:59 p.m. PT. (the “Promotion Entry Period”). This Promotion consists
of up to five (5) drawings (each a “Drawing” and collectively, the “Drawings”);
after each Entry Period (as defined below), a random drawing will be conducted
to select five (5) winners of a prize from among all
eligible entries received, as set forth more fully below. Entry in
the Promotion does not constitute entry into any other promotion, contest or
sweepstakes. By participating in the Promotion, each entrant
unconditionally accepts and agrees to comply with and abide by these Official
Rules and the decisions of Jan Marini Skin Research Inc., 5883 Rue Ferrari, San
Jose, CA 95138 (“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: Only legal U.S.
residents of the fifty (50) United States and District of Columbia who are at least eighteen (18) years of age at the
time of entry are eligible to enter. If an entrant is unable
to provide documentation to Sponsor’s reasonable satisfaction, Sponsor reserves
the right to disqualify entrant in its sole discretion. Entrants under
the age of majority in their state of residence (a “minor”), must get
their parent or legal guardian’s permission to enter the Promotion, and if a minor
wins, their parent or legal guardian will need to co-sign the “Prize Claim
Documents” (defined below). Officers, directors and employees of Sponsor,
LLC and the immediate family members and/or those
residing in the same household of each are ineligible to enter the Promotion or win a prize. This Promotion is not
sponsored by Jan Marini Skin Research, LLC (or its affiliates). Jan
Marini Skin Research, LLC (and its affiliates) are not responsible for the
collection, submission or processing of entries, the administration of the
Promotion or the selection of winners. This Promotion is void where
prohibited.
HOW TO ENTER:
A series of up to five (5)
Drawings is scheduled to take place. To enter any of the Drawings,
visit the web site https://event.janmarini.com/ (the “Website”)
during the Promotion Entry Period and follow the instructions to complete the
entry form with the information requested. Click “Submit Entry” to submit
your entry form for the Drawings. Upon completion and submission of the
entry form, you will automatically receive one (1) entry into the remaining
Drawings during the Promotion Entry Period. The deadline to enter the
first Drawing is November 17, 2024, at 4:59 p.m. PDT, the deadline to enter the
second Drawing is November 18, 2024 at 4:59 p.m. PDT, the deadline to enter the
third Drawing November 19, 2024 at 4:59 p.m. PDT, the deadline to enter the
fourth Drawing is November 20, 2024 at 4:59 p.m. PDT, and the deadline to enter
the fifth Drawing is November 21, 2024 pm at 4:59 p.m. PDT. Limit one
(1) entry per person per day. All entries must be received by the end
of the applicable Entry Period in order to participate in the applicable
Drawing. The Website’s database clock will be the official timekeeper for
this Promotion. All required information on the entry form must be
completed to enter and to be eligible to win. Proof of entering
information at the Website is not considered proof of delivery to or receipt by
Sponsor of such entry. Except as otherwise contemplated in these Official
Rules, and to the extent entrants may otherwise elect at the time of
entry, personal information collected in connection with the Promotion will be
used in accordance with Sponsor’s privacy policy located at https://www.janmarini.com/privacy-policy.
Entry must be made by the
entrant, only at the Website. Entries made by any other individual or any
entity, and/or originating at any other web site or e-mail address, including
but not limited to commercial sweepstakes subscription notification and/or
entering service sites, may be declared invalid and disqualified for this
Promotion. Tampering with the entry process or the operation of the
Promotion, including but not limited to the use of any device to automate the
entry process, is prohibited and any entries deemed by Sponsor, in its sole
discretion, to have been submitted in this manner will be void. In the
event a dispute regarding the identity of the individual who actually submitted
an entry cannot be resolved to Sponsor’s satisfaction, the affected entry may
be deemed ineligible.
In these Official Rules, the
“Promotion Entities” means (a) Sponsor (and its affiliates, parents, or
subsidiaries); (b) ME SPE Franchising, LLC (and its affiliates, parents or
subsidiaries); (c) all officers, directors, employees, distributors, retailers,
or sales representatives of Sponsor (or of Sponsor’s affiliates, parents, or
subsidiaries); (d) all officers, directors, employees, distributors,
franchisees, retailers, or sales representatives of Jan Marini Skin Research
LLC (or of Jan Marini Skin Research Franchising LLC’s affiliates, parents, or
subsidiaries); and (e) advertising and promotion agencies involved in the
Promotion.
This Promotion is not
sponsored by Jan Marini Skin Research, LLC (or its affiliates). Jan Marini Skin
Research, LLC (and its affiliates) are not responsible for the collection,
submission or processing of entries, the administration of the Promotion or the
selection of winners.
The Promotion Entities shall
not be responsible for incorrect or inaccurate entry information whether caused
by Internet users or by any of the equipment or programming associated with or
used in the Promotion or by any technical or human error which may occur in
processing of the entries in the Promotion. The Promotion Entities assume
no responsibility or liability for any error, omission, interruption, deletion,
theft or destruction, or unauthorized access to, or alteration of entries.
WINNER SELECTION AND
NOTIFICATION: For each Drawing, up to five (5) winners will be randomly
selected in a drawing from all eligible entries received throughout the
Promotion Entry Period for the applicable Drawing. The drawing will be
conducted by Sponsor or its designee, using randomization methods selected by
Sponsor in its sole discretion. A potential winner will be notified by
e-mail using the contact information given at the time of entry. Sponsor
shall have no liability for any winner notification that is lost, intercepted
or not received by a potential winner for any reason. Time is of the
essence in awarding each prize. If, despite reasonable efforts, a
potential winner does not respond within twenty-four (24) hours of the first
notification attempt, or if the prize or winner notification is returned as
unclaimed or undeliverable to such potential winner, such potential winner will
forfeit his or her prize and an alternate winner may be selected. If any
potential winner is found to be ineligible, or if he or she has not complied
with these Official Rules or declines a prize for any reason prior to award,
such potential winner will be disqualified, and an alternate winner may be
selected. Sponsor may successively attempt to contact up to two (2) potential
winner(s) of an applicable prize in accordance with such procedure, and if
there is still no confirmed winner(s) of such applicable prize after such
attempts have been made, if any, the corresponding prize may go unawarded.
PUBLICITY RELEASE: By participating in
the Promotion, in addition to any other grants which may be granted in any
other agreement entered into between Sponsor and any entrant in and/or winner
of the Promotion, each entrant irrevocably grants the Promotion Entities and
their respective successors, assigns and licensees, the right to use such
entrant’s name, social media tag, likeness, and biographical information, and
any other personal characteristics, in any and all media for any purpose,
including without limitation, to advertise, market, and promote the Promotion
Entities, or the Promotion or other promotions, and each entrant and/or prize
winner(s) hereby release the Promotion Entities from any liability with respect
thereto.
PRIZES/ODDS: There are twenty-five (25)
prizes available in the Promotion, with five (5) prizes available in each
Drawing. The prizes for each Drawing are as follows:
Drawing 1: There are five (5) prizes
available. Each of the five prizes consists of one (1) Regeneration Booster. The ARV for each of the Drawing 1 prizes is
Two Hundred and Thirty Dollars ($230.00) $230 Value!
Drawing 2: There are five (5) prizes
available. Each of the five prizes consists of one (1) Marini Juveneck. The ARV for each of
the Drawing 2 prizes is One Hundred and Eighteen Dollars ($103.00). $103Value!
Drawing 3: There are five (5) prizes
available. Each of the five prizes consists of one (1) Marini Luminate Face Lotion.
The ARV
for each of the Drawing 3 prizes is Ninety Eight Dollars. ($113). $113
Value!
Drawing 4: There are five (5) prizes
available. Each of the five prizes consists of one (1) Marini Multi-Acid
Exfoliating Pads. The ARV for each of the Drawing 3 prizes is Ninety
Eight Dollars. ($98). $98 Value!
Drawing 5: There are five (5) prizes
available. Each of the five prizes consists of one (1) the Skin Care
Management System. The ARV for each of the Drawing 5 prizes is Three
Hundred Thirty Dollars ($330.00). $330 Value!
No cash alternative or
substitution of prizes will be allowed, except Sponsor reserves the right in
its sole discretion to substitute prize(s) of comparable value if any prize
listed is unavailable, in whole or in part, for any reason. Applicable portions
of the prizes will be delivered only to an address in the United States. The
total value of all prizes to be awarded in this Promotion is Dollars $1,207.
Actual odds of winning depend on the number of eligible entries received.
GENERAL PRIZE CONDITIONS: Prizes will be
awarded only if each potential prize winner fully complies with these Official
Rules. All portions of the prize(s) are non-assignable and
non-transferable. Prizes pictured in point-of-sale, online, television
and print advertising, promotional packaging, and other Promotion materials are
for illustrative purposes only. All details and other restrictions of the
prize(s) not specified in these Official Rules will be determined by Sponsor in
its sole discretion. No cash alternative or substitution of the prize(s)
will be allowed, except Sponsor reserves the right in its sole discretion to
substitute prize(s) of comparable value if any prize listed is unavailable, in
whole or in part, for any reason. Each prize winner shall be solely
responsible for all federal, state and/or local taxes, and the reporting
consequences thereof, and for any other fees or costs associated with the
applicable prize. Sponsor may, in its sole discretion, deduct or withhold
the amount of applicable tax on any cash or cash equivalent prize. The
Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding
documentation for the retail value of any prize or other items of value
transferred to each prize winner by the Sponsor in accordance with IRS
requirements, and the Sponsor may also share such documentation with a state or
local government agency as required by law. Refusal or failure of each prize
winner to satisfy the requirements of all necessary and appropriate tax,
withholding or other required compliance terms (including Social Security
number, IRS Form W8BEN, IRS Form W9, or equivalent information), as
determined by the Sponsor in its sole discretion, may result in each prize
winner forfeiting the prize(s) and an alternate potential winner may be
selected in accordance with these Official Rules. Sponsor will award prizes
subject to any applicable withholding taxes, and the amount of the prize
transferred, as reduced by any applicable withholding taxes, will constitute full
payment of the prize, as applicable. Each potential winner will be
required to execute an Affidavit of Eligibility, a Liability Release, and
(where imposing such condition is legal) a Publicity Release (collectively, “Prize
Claim Documents”). If a winner is a minor, at Sponsor’s option, the
applicable prize either will be awarded in the name of the parent or legal
guardian of such minor winner, or the parent or legal guardian of such minor
winner will be required to ratify and sign Prize Claim Documents. If any
potential winner (or, in the case of a minor, such minor winner’s parent or
legal guardian) fails or refuses to sign and return all Prize Claim Documents
within five (5) days of the prize notification, the winner may be disqualified
and an alternate winner may be selected.
Sponsor makes no warranties,
and hereby disclaims any and all warranties, express or implied, concerning any
prize furnished in connection with the Promotion. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH
WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GENERAL LIABILITY
RELEASE/FORCE MAJEURE: Acceptance of a prize constitutes winner’s
permission for the Promotion Entities to use winner’s name, photograph,
likeness, voice, biographical information, statements and address (city and
state) for advertising and/or publicity purposes worldwide and in all forms of
media now known or hereafter developed, in perpetuity, without further
compensation. Each entrant (and any minor entrant’s parent or legal
guardian) agrees that the Promotion Entities (A) shall not be responsible or
liable for, and are hereby released from, any and all costs, injuries, losses
or damages of any kind, including, without limitation, death and bodily injury,
due in whole or in part, directly or indirectly, to participation in the Promotion
or any Promotion -related activity or marketing or advertising, or from
entrants’ acceptance, receipt, possession and/or use or misuse of any prize,
and (B) have not made any warranty, representation or guarantee express or
implied, in fact or in law, with respect to any prize, including, without
limitation, to such prize’s quality or fitness for a particular purpose.
Sponsor assumes no responsibility for any damage to an entrant’s, or any other
person’s, computer system which is occasioned by accessing the Website or
otherwise participating in the Promotion, or for any computer system, phone
line, hardware, software or program malfunctions, or other errors, failures,
delayed computer transmissions or network connections that are human or technical
in nature. Without limiting the generality of the foregoing, Sponsor is
not responsible for incomplete, illegible, misdirected, misprinted, late, lost,
damaged, stolen, or postage-due entries or prize notifications; or for lost,
interrupted, inaccessible or unavailable networks, servers, satellites,
Internet service providers, websites, or other connections; or for
miscommunications, failed, jumbled, scrambled, delayed, or misdirected
computer, telephone or cable transmissions; or for any technical malfunctions,
failures, difficulties or other errors of any kind or nature; or for the
incorrect or inaccurate capture of information, or the failure to capture any
information. Sponsor reserves the right in its sole discretion to
disqualify any individual who is found to be tampering with the entry process
or the operation of the Promotion or the Website, to be acting in violation of
these Official Rules, or to be acting in an unsportsman-like or disruptive
manner, or with the intent to disrupt or undermine the legitimate operation of
the Promotion, or to annoy, abuse, threaten or harass any other person, and
Sponsor reserves the right to seek damages and other remedies from any such
person to the fullest extent permitted by law. No mechanically
reproduced, illegible, incomplete, forged, software-generated or other
automated multiple entries will be accepted. If a dispute as to the
identity of the individual who actually submitted an entry cannot be resolved
to Sponsor’s satisfaction, the affected entry may be deemed ineligible.
Sponsor reserves the right to modify, extend, suspend, or terminate the
Promotion if it determines, in its sole discretion, that the Promotion is
technically impaired or corrupted or that fraud or technical problems, failures
or malfunctions or other causes beyond Sponsor’s control have destroyed or
severely undermined or to any degree impaired the integrity, administration,
security, proper play and/or feasibility of the Promotion as contemplated
herein. In the event an insufficient number of eligible entries are
received and/or Sponsor is prevented from awarding prizes or continuing with
the Promotion as contemplated herein by any event beyond its control, including
but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public
health crisis, disease, virus, sickness or outbreak or other similar or
dissimilar natural disaster; act of God or public enemy; riot or civil
disturbance, act of any government or governmental authority, power failure,
satellite or equipment failure, failure of telecommunications lines or failure
or breakdown of plant, machinery or vehicles operated by a third party; labor
dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist
attacks, war (declared, undeclared or threatened), explosion, nuclear, or
chemical or biological contamination; or a government imposed travel ban,
restriction on movement or gatherings, or other government imposed mandate of
any kind, order of any court or jurisdiction, or other cause not reasonably within
Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor
reserves the right to modify, suspend, or terminate the Promotion. If the
Promotion is terminated before the designated end date, Sponsor may (if
possible) select the winner(s) in a random drawing from all eligible, non-suspect
entries received as of the date of the event giving rise to the
termination. Inclusion in such drawing shall be each entrant’s sole and
exclusive remedy under such circumstances. Only the type and quantity of
prizes described in these Official Rules will be awarded. If, for any
reason, more bona fide winners come forward seeking to claim prizes in excess
of the number of each type of prize set forth in these Official Rules, the
winners, or remaining winners, as the case may be, of the advertised number of
prizes available in the prize category in question may be selected in a random
drawing from among all persons making purportedly valid claims for such
prize(s). Inclusion in such drawing shall be each entrant’s sole and
exclusive remedy under such circumstances. These Official Rules cannot be
modified or amended in any way except in a written document issued in
accordance with law by a duly authorized representative of Sponsor. The
invalidity or unenforceability of any provision of these Official Rules shall
not affect the validity or enforceability of any other provision. If any
provision is determined to be invalid or otherwise unenforceable or illegal,
these Official Rules shall otherwise remain in effect and shall be construed in
accordance with their terms as if the invalid or illegal provision were not
contained herein.
GOVERNING
LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION,
VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE
RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION
SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE
STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF
LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S
LAWS.
ARBITRATION PROVISION: By participating in
this Promotion, each entrant (and any minor entrant’s parent or legal guardian)
agrees: (i) that any and all disputes the entrant may have with, or claims
entrant may have against, the Promotion Entities relating to, arising out of or
connected in any way with (a) the Promotion, (b) the awarding or redemption of
any prize, and/or (c) the determination of the scope or applicability of this
agreement to arbitrate, will be resolved exclusively by final and binding arbitration
administered by JAMS and conducted before a sole arbitrator in accordance with
the rules of JAMS; (ii) this arbitration agreement is made pursuant to a
transaction involving interstate commerce, and shall be governed by the Federal
Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall
be held in Santa Clara County, California; (iv) the arbitrator’s decision shall
be controlled by the terms and conditions of these Official Rules and any of
the other agreements referenced herein that the applicable entrant may have
entered into in connection with the Promotion; (v) the arbitrator shall apply
California law consistent with the FAA and applicable statutes of limitations,
and shall honor claims of privilege recognized at law; (vi) there shall be no
authority for any claims to be arbitrated on a class or representative basis,
arbitration can decide only entrant’s and/or Promotion Entity’s individual
claims; the arbitrator may not consolidate or join the claims of other persons
or parties who may be similarly situated; (vii) the arbitrator shall not have
the power to award punitive damages against the entrant or Promotion Entity;
(viii) if the entrant is able to demonstrate that the costs of arbitration will
be prohibitive as compared to the costs of litigation, Promotion Entity will
pay as much of entrant’s filing and hearing fees in connection with the
arbitration as the arbitrator deems necessary to prevent the arbitration from
being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if
any part of this arbitration provision is deemed to be invalid, unenforceable
or illegal, or otherwise conflicts with the rules of JAMS, then the balance of
this arbitration provision shall remain in effect and shall be construed in
accordance with its terms as if the invalid, unenforceable, illegal or
conflicting provision were not contained herein. If, however, subpart (vi) is
found to be invalid, unenforceable or illegal, then the entirety of this
arbitration provision shall be null and void, and neither entrant nor Promotion
Entity shall be entitled to arbitrate their dispute. For more information on
JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
WINNERS LIST/OFFICIAL
RULES:
To obtain a copy of any legally-required winners list, send a self-addressed
stamped envelope to: The Jan Marini 2024 The Thanks & Giving Event Five
Days of Giveaway Sweepstakes Promotion Winners List, 5883 Rue Ferrari, San
Jose, CA 95138. All such requests must be received within six (6) weeks
after the end of the Promotion Entry Period.