Proactiv Design Survey
Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Overview: The Proactiv Design Survey Sweepstakes ("Sweepstakes") is void in Puerto Rico, where prohibited by law and outside the United States. Subject to all applicable federal, state, and local laws, regulations and ordinances. Sweepstakes begins 10/25/2021 at 12:01 a.m. Pacific Time ("PT") and ends 11/30/2021 at 11:59 p.m. PT ("Promotion Period"). The sponsor of this promotion is Alchemee LLC ("Sponsor"), 120 Broadway, Suite 500, Santa Monica, CA 90401.
2. How to Enter: During the Promotion Period, you may enter the Sweepstakes by completing a Proactiv Design Survey, including the "Contact Information" Section at the end, which surveys are distributed with an invitation to: "Take a survey for a chance to win a $100 Amazon gift card". Each completed survey will entitle you to one automatic entry in the Sweepstakes. To enter the Sweepstakes without completing a survey, print your full name, home address, e-mail address, survey name (i.e., "Proactiv Design Survey") and daytime telephone number (including area code) on a standard 3 ½ x 5" index card, place in an envelope, affix proper postage and mail to: Proactiv Design Survey, 120 Broadway, Suite 500, Santa Monica, CA 90401. All required information must be provided. Each index card constitutes one entry. Each mail-in entry must be submitted to Sponsor at the address above in a separate envelope (or item of mail). All mail-in entries must be postmarked by 11/30/2021 and received no later than 12/10/2021 Limit 1 entry per person during the Promotion Period (regardless of method of entry).
Entries that are in excess of stated limits or incomplete or untimely entries may be disqualified. Bulk or automated entries, or entries submitted by third parties, are prohibited and may be disqualified. Sponsor is not responsible for lost, late, illegible, unintelligible, incomplete, undelivered, stolen, invalid, damaged, or misdirected entries, which may be disqualified at Sponsor’s sole and absolute discretion. By entering this Sweepstakes, entrants agree to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all matters relating to this Sweepstakes.
3. Eligibility: Entrants must be legal residents of the United States or the District of Columbia (excluding U.S. possessions, territories, overseas military installations in foreign countries, and Puerto Rico) who are the age of majority in their state of residence at the date of entry. Employees, officers, directors, and so-called temporary employees and interns (and their immediate family members and those living in the same household) of Sponsor, its affiliates, parents, subsidiaries, representatives, legal counsel, consultants, contractors, advertising and promotion agencies, public relations, fulfillment and marketing agencies are not eligible to enter or win. For purposes of this Sweepstakes, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren.
4. Selection of Winners and Prize Claiming: One (1) potential grand prize winner will be selected by random drawing conducted by Sponsor on or about 12/10/2021 from among all eligible entries received during the Promotion Period. Entrants need not be present to win. Decisions of the Sponsor as to the selection of the winner will be final. Potential winner will be notified by email and/or telephone, in Sponsor’s sole discretion, by 12/15/2021.The Sponsor is not responsible for false, incorrect or changed contact information. Potential winner may be required to sign and return an Affidavit of Eligibility and Liability Release, and except where prohibited by law, a Publicity Release within fifteen (15) days of attempted notification before being eligible to receive his or her prize. Notification is deemed to have occurred immediately upon sending of an e-mail or placing of a phone call. Return of prize or winner notification as undeliverable, failure or refusal to sign and return affidavit and release forms within the time required by Sponsor, or failure to comply with any of these Official Rules may result in disqualification and the prize may be awarded to an alternate winner selected via second chance random drawing from among all eligible entries received. Alternate potential winner(s) must satisfy all eligibility requirements. Each potential winner is subject to verification by Sponsor. An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete. Winning a prize is contingent upon fulfilling all requirements set forth herein.
5. Prizes: Grand prize includes the following: One $100 Amazon Gift Card. Prize will be awarded on or after 12/10/2021 If by reason of a print 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. No more than the advertised number of prizes will be awarded. Total approximate retail value of all prizes awarded in this Sweepstakes: $100. Odds of winning depend on the number of eligible entries received during the Promotion Period.
6. Prize Restrictions: Any and all applicable local, state, and federal taxes and all fees and expenses related to acceptance and use of any prize not specifically stated herein are solely the responsibility of the winner. Grand prize winner may be issued a 1099 tax form for the appropriate retail value of the prize. No prize can be transferred, assigned or substituted, except that Sponsor reserves the right to change or replace any of the prizes at any time, in its sole discretion, with prize(s) of greater or comparable value. Sponsor will not replace any lost or stolen prizes.
7. 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 other factors beyond Sponsor’s reasonable control, including, without limitation, an event of force majeure that impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Sweepstakes, except as expressly set forth in these Official Rules. Sponsor, its affiliate companies, parents, subsidiaries, officers, directors, and agents are not responsible for lost, late, misdirected, unintelligible, illegible, postage due, stolen, returned, or undelivered entries, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability, accessibility or traffic congestion, miscommunications, failed computer network, telephone or cable hardware or software or lines, or technical failure, jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of the Sweepstakes, as solely determined by the Sponsor, will be disqualified, and Sponsor reserves the right to terminate such entrant’s eligibility. Sponsor is not responsible for any incorrect or inaccurate information whether caused by website users or by any of the programming or equipment associated with or used in this Sweepstakes, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized website access. Sponsor is not responsible for injury or damage to participants or any other persons, computer or property related to or resulting from participating in this Sweepstakes. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness integrity or proper conduct of the Sweepstakes, or submission of entries, Sponsor reserves the right at its sole discretion, to void any suspect entries and/or to suspend, modify or terminate the Sweepstakes (or any portion thereof). ANY ATTEMPT BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. RELEASE AND LIMITATIONS OF LIABILITY: Sponsor and its agents are not responsible for (1) 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; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) 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, 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. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT SPONSOR, ITS AFFILIATES, PARENTS, SUBSIDIARIES, AGENTS, ASSIGNS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND ANY OTHER PERSON OR ENTITY RELATED IN ANY WAY TO THIS SWEEPSTAKES (COLLECTIVELY, THE "SWEEPSTAKES ENTITIES") WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY, FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ALL PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS 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 LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Entrants hereby waive application of California Civil Code Section 1542 which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Entrants expressly waive the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waive any right to invoke said provisions now or in the future with regard to the Sweepstakes. Entrants and the winner further acknowledge and agree that this waiver is an essential and material term of these Official Rules and the Contest.
9. PUBLICITY RELEASE: EXCEPT WHERE LEGALLY PROHIBITED, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES WINNER'S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING AT SPONSOR'S REQUEST), ITS AFFILIATES, PARENTS, SUBSIDIARIES AND ADVERTSING AND PROMOTION AGENCIES AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, AT ANY TIME OR TIMES, USE OF WINNER'S NAME, PHOTOGRAPH, IMAGE, LIKENESS, VOICE, , OPINIONS, AND/OR HOMETOWN AND STATE FOR PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION, RADIO BROADCAST, THE INTERNET, SOCIAL MEDIA PLATFORMS AND OTHER MEDIA KNOWN OR CURRENTLY UNKNOWN) WITHOUT ADDITIONAL COMPENSATION, CONSIDERATION, NOTIFICATION OR CONSENT.
10. Disputes and Governing Law:
EXCEPT TO THE EXTENT PRE-EMPTED BY FEDERAL OR OTHER APPLICABLE STATE LAW, THE SWEEPSTAKES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PROVISIONS THEREOF. ENTRANTS UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN ENTRANT AND THE SWEEPSTAKES ENTITIES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. BY ENTERING, ENTRANTS VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"), AND CONDUCTED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. ("JAMS") PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. THE TRIBUNAL WILL CONSIST OF ONE ARBITRATOR. THE ARBITRATOR SHALL BE BOUND TO APPLY AND ENFORCE THE TERMS OF THE OFFICIAL RULES AND THE ARBITRATOR’S DECISION WILL BE FINAL, BINDING, AND ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION. NEITHER ENTRANT NOR SPONSOR SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS.
FURTHER, IN ANY SUCH DISPUTE, ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES, AND UNDER NO CIRCUMSTANCES WILL AN ENTRANT BE PERMITTED TO OBTAIN AN AWARD FOR, AND ALL ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
11. Official Rules/Winners List: For a copy of the Official Rules or Winners List, send a self-addressed, first class stamped envelope (VT residents omit return postage) for receipt by 11/1/2021 to: Proactiv Design Survey, 120 Broadway, Suite 500, Santa Monica, CA 90401. Allow 4-6 weeks for delivery. Winners List will be available on or about 12/10/2021. In your request, please specify, which document you are requesting including the name of the survey.
12. Miscellaneous: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit of Eligibility and Liability Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit of Eligibility and Liability Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
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