1. THE PROMOTER
1.1 The prize draw or prize promotion ("Promotion") is brought to you by Medik8 Inc of 915 Broadway Suite 1005 New York, NY 10010 ("Promoter"). No purchase is necessary to enter.
2. DEFINITIONS
2.1 By participating in this promotion Participants are deemed to have irrevocably accepted these terms and conditions. Any non-compliance with the entry conditions set out herein will render an entry null and void.The terms and conditions, and definitions for each specific competition are to be read together.
2.2 The details of the Promotion will set out some or all of the following defined terms: "Criteria", "Territory", "Start Date", "End Date", "Prize" and "Platform". Where those terms are used in these terms and conditions ("Terms") they will have the meanings set out in the details of the Promotion.
2.3 In these Terms "Participant" means any resident of the Territory who enters the Promotion.
3. PROMOTION ENTRIES
3.1 The Promotion will run from the Start Date to the End Date inclusive.
3.2 All Promotion entries must be received by the Promoter by no later than the End Date. All Promotion entries received after the End Date are automatically disqualified.
3.3 To enter the Promotion, the Participant must fulfil and comply with the Criteria before the End Date.
3.4 Unless expressly stated otherwise in the Criteria no purchase is necessary to enter the Promotion.
3.5 By submitting a Promotion entry, the Participant agrees to be bound by these Promotion Rules, the Promoter's Terms of Service, Privacy Policy and Cookie Policy and the terms of use of any Platform where the Promotion is advertised.
4. ELIGIBILITY
4.1 The Promotion is open to all residents in the Territory aged 18 years or over, except:
4.1.1 employees of the Promoter, or its holding or subsidiary companies;
4.1.2 employees of agents or suppliers of the Promoter, or its holding or subsidiary companies, who are professionally connected with the Promotion or its administration;
4.1.3 members of the immediate families or households of any person referred to in clauses 4.1.1 and 4.1.2 above.
4.2 In entering the Promotion, the Participant confirms they are eligible to do so and eligible to claim any Prize they may win. The Promoter may require the Participant to provide proof of eligibility.
4.3 The Promoter will not accept Promotion entries that are:
4.3.1 automatically generated by computer;
4.3.2 completed by third parties or in bulk; or
4.3.3 incomplete, illegible or illegal.
4.4 Unless stated otherwise in the Promotion details:
4.4.1 there is a limit of one entry per person;
4.4.2 multiple entries made by the same person from various email, social media or other accounts or from the same IP address will not be valid; and
4.4.3 where entries are made using a computer or other electronic device only one entry per device is permitted.
4.5 Entries on behalf of another person will not be accepted.
4.6 The Promoter reserves the right to disqualify Participant’s at any time for any breach of the Promotion Rules, if their conduct is contrary to the spirit or intention of the Promotion or if in its absolute discretion their participation in the Promotion could bring the Promoter into disrepute.
5. THE PRIZE
5.1 The Prize is as set out in the Promotion details. Where the Prize involves travelling to a venue or place then the travel and subsistence costs will be payable by the Participant at their own cost unless otherwise specified in the Promotion details.
5.2 The Prize is as stated, non-transferable, non-negotiable and there are no alternative prizes or cash substitutes. The Promoter reserves the right to substitute a prize of equal or greater value in the event that the Prize is unavailable for reasons beyond the control of the Promoter.
5.3 The Participant agrees to read carefully the product packaging of any product comprising the Prize, paying close attention to any ingredient lists, directions for use and any precautions mentioned and follow carefully any precautions especially if the Participant has any allergies so that incompatible or undesirable products are not used.
5.4 The Participant must make an independent decision as to whether the Prize is safe for them to use after reading its product packaging.
5.5 Where the Prize includes physical exercise, winners acknowledge and agree that engaging in any physical exercise or activity involves a risk of injury. Winners affirm that they are in suitable physical condition to participate in such activities, have sought medical advice if necessary, and voluntarily assume all risks associated with such activities.
5.6 If the Prize includes a facial then winners acknowledge that skin reactions and other side effects from beauty treatments, while rare, can occur. Winners agree to disclose any skin conditions or allergies that may affect their facial treatment prior to receiving the facial. Winners accept and assume all risks associated with the facial and releases the Promoter from any and all liability for any adverse effects or complications that may arise from the beauty treatment, to the fullest extent permitted by law.
6. WINNERS
6.1 Unless expressly stated otherwise in the Promotion details, the winners of the Prize ("Winners") (the number of which is as set out in the Promotion details) will be chosen at random. Odds of winning depend on the number of entries received. Where the award of Prizes is not carried out at random the Promoter will follow the procedure for allocation of Prizes as set out in the Promotion details and if that procedure involves the decision of judges, the Promoter will send the full names of the judges to anyone who writes within one month after the End Date requesting details of the judges and who encloses a stamped, self-addressed envelope to the address set out above. Where applicable all income taxes resulting from acceptance of the Prize are the responsibility of the winner.
6.2 The surnames, county of residence and, where appropriate, winning entries of the Winners can be obtained by sending a stamped, self-addressed envelope, within 4 weeks of the End Date to the Promoter at the address set out above referencing the Promotion name.
6.3 If you object to any or all of your surname, county of residence and winning entry being made available please contact the Promoter at the address set out above. In such circumstances, the Promoter may still be required to provide the information and winning entry to a regulatory authority on request if applicable.
6.4 Where applicable Winners will be contacted via the Platform or by email to provide an address and contact details to arrange delivery of the Prize or if applicable the Prize may be delivered by email (for example e-gift cards may be sent to the email used to enter by the Participant, please be sure to check your spam filters). If a Winner fails to provide valid contact details they will be disqualified and no other entrant will be chosen in their place.
6.5 The decision of the Promoter (or, where applicable, the judges nominated by the Promoter) is final and no correspondence or discussion will be entered into.
6.6 Publicity release - where the Prize involves attendance at an event the Promoter may record the prize event on film (video and/or photos) and winners will need to give permission to such recording. Participants agree to allow the Promoter and its agents to use their name, likeness, and any media (photos, videos, etc.) taken at the prize event for promotion, advertising and publicity in all forms of media worldwide (including without limit follow up Promoter social media posts about the event) without further compensation and Participant’s release Promoter from any claims arising from such use, now and forever.
7. CLAIMING THE PRIZE
7.1 If any Winner fails to provide a suitable address (which may include an email address) and contact details for delivery of the Prize within 24 hours of being notified, they may be disqualified and no other entrant will be chosen in their place. A Winner will forfeit their Prize if it is rejected or returned undeliverable (this includes where emails are returned). Where applicable if any Winner fails to attend at any prescribed location on any prescribed date to collect or take part in any Prize they may be disqualified and no other entrant will be chosen in their place.
7.2 Contact information of the Winners will not be sold or transferred to any third party.
7.3 The Prize may not be claimed by a third party on behalf of any Winner.
7.4 The Promoter does not accept any responsibility if the Winners do not claim their Prize or attend to collect their Prize where applicable.
7.5 Please allow up to 30 days for delivery of the Prize where applicable.
8. LIABILITY
8.1 Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the Winners or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the Prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU
8.2 The Participant agrees to obtain any necessary consents in order to tag their friends on any Platform in connection with the Promotion or to otherwise comply with the Criteria and shall be responsible for any claims, loss or damage suffered by the Promoter, its employees and agents from any loss that may arise out of, be connected to, any failure to obtain such consent.
8.3 The Promoter is not responsible for any entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind, internet connectivity issues or problems in connection with sending and receiving direct messages on the Platform or otherwise. The Promoter will not be responsible for: late, incomplete, or incorrect entries; an entrant's failure to receive Prize notices due to entrant's spam, junk e-mail, or other security settings or for entrants' provision of incorrect or otherwise non-functioning contact information.
8.4 The Promoter will not accept proof of posting or transmission as proof of receipt of entry into the Promotion.
8.5 The Promoter will have no liability to the Participant if forced to defer or cancel the Promotion, or modify its terms and conditions, due to any event beyond its control.
8.6 The Promoter will not be held responsible if, in a case of force majeure or events beyond its control, it is forced to cancel the Promotion, defer it or modify its conditions.
8.7 The Participant agrees to hold harmless and indemnify the Promoter and its affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim arising from or in any way related to the Participant’s breach of the terms and conditions.
9. DATA PROTECTION AND PUBLICITY
9.1 The Promoter will process your personal information that you provide in connection with the Promotion as set out in its Privacy Policy. See also clause 6 with regard to the publication of the Winners' details including the media release at clause 6.6.
9.2 All personal information provided in connection with the Promotion must be truthful, accurate and in no way misleading. The Promoter reserves the right to disqualify any Participant who provides any untruthful, inaccurate or misleading personal information.
10. GENERAL
10.1 The Participant expressly agrees to comply with the Promoter's content standards and other terms set out in its Terms of Service in connection with participation in the Promotion and any material submitted in connection with the Promotion and acknowledges that the Participant grants a licence to the Promoter to use such material as set out in those Terms of Service.
10.2 If there is any reason to believe that there has been a breach by a Participant of these Terms, the Promoter may, at its sole discretion, exclude such Participant from the Promotion.
10.3 The Promoter reserves the right to hold void, suspend, cancel, or amend the Promotion where it becomes necessary to do so for reasons beyond the control of the Promoter.
10.4 Disputes in relation to this Promotion will be governed in accordance with the dispute resolution terms within our Terms of Service.
10.5 The general principle is fairness: entries or votes should be made or cast fairly. If, in the opinion of the Promoter, this principle has been flouted, it can declare any entries or votes invalid, void the competition, change the competition instructions, or adjust the entries or the voting to achieve fairness, as it thinks fit. The Promotion instructions may carry a specific indication, but in the absence of such an indication, only one entry/ vote per entrant (or household, computer or other unit as appropriate) will be permitted. The decision of the Promoter over every instance shall be final and unchallengeable and in their absolute discretion they may declare void any entry/ vote or the Promotion itself should they consider that there are no entries reaching a required standard, whereupon they can award prizes or not as they think fit.
11. SOCIAL MEDIA PLATFORM PROVISIONS
11.1 The Promotion is in no way sponsored, endorsed or administered by, or associated with any Platform.
11.2 By entering the Promotion the Participant is deemed to have agreed to be bound by the terms and conditions and associated policies of the operator of the Platform where relevant. The Promoter reserves the right to disqualify any Participant who fails to comply with such terms and policies. Where relevant personal data of any Participant provided in connection with the Promotion is supplied to the Promoter and not to the operator of the Platform. Where relevant, by entering the Promotion the Participant is deemed to have agreed to release the operator of the Platform from any liability arising out of the Participant's participation in the Promotion.