MUST HAVE IT GIVEAWAY TERMS AND CONDITIONS
SPONSOR: POPSUGAR Inc., with an address of 111 Sutter Street, 16t h Floor, San
Francisco, CA 94104 (the "Sponsor").
ELIGIBILITY: This Giveaway is open to those who are current Must Have It subscribers and are eighteen (18) years of age or older at the time of entry. By participating in the Giveaway as described in these terms and conditions (the "Giveaway Terms"), entrants represent and warrant that they are complying with these Giveaway Terms (including, without limitation, all eligibility requirements).
HOW TO CLAIM A PRIZE: No purchase necessary. To claim Physicians Formula Murumuru Butter Lip Cream SPF 15 in Flamingo Pink (each a "Gift" and collectively, the "Prize") in connection with the Giveaway, respond to a text message from Must Have It with "yes", as well as your shipping and billing information, if that has not already been inputted on your Must Have It account. Gifts are given out on a first come, first served basis, and the Giveaway will expire when all 500 Gifts are claimed. Sponsor is not responsible for any inability to access the Giveaway or claim a Gift due to difficulty accessing the Internet, service outage or delays, computer difficulties and other technological problems.
PRIZE RESTRICTIONS AND AVAILABILITY: The Prize is not for resale, has no cash value, and will not be replaced if lost or stolen.
OTHER RULES: This Giveaway is subject to all applicable laws and is void where prohibited. Winner assumes all liability for any injuries or damage caused or claimed to be caused by participation in this Giveaway or by the use or misuse of the Prize.
If, in the Sponsor's opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Giveaway, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Giveaway, the Sponsor reserves the right to terminate the Giveaway and award the Prize in its sole discretion. Any attempt to deliberately damage the Sponsor's website(s) or undermine the legitimate operation of the Giveaway may be in violation of U.S. criminal and civil laws and will result in disqualification from the Giveaway. Should such an attempt be made, the Sponsor reserves the right to seek remedies and damages (including attorney's fees) to the fullest extent of the law, including pursuing criminal prosecution.
DISCLAIMER: THE PRIZE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT FURTHER WARRANTY OF ANY KIND. SPONSOR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRIZE.
LIMITATION OF LIABILITY: BY PARTICIPATING IN THE GIVEAWAY, PARTICIPANTS, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ASSIGNS AND REPRESENTATIVES, RELEASE AND HOLD THE SPONSOR, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, UNITS AND DIVISIONS, AND THE CURRENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, AND ALL THOSE ACTING UNDER THE AUTHORITY OF THE FOREGOING, OR ANY OF THEM (INCLUDING, BUT NOT LIMITED TO, ADVERTISING AND PROMOTIONAL AGENCIES AND PRIZE SUPPLIERS) (EACH A "RELEASED PARTY"), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURY, LOSS, DAMAGES, LIABILITIES AND OBLIGATIONS OF ANY KIND WHATSOEVER (COLLECTIVELY, THE "CLAIMS") WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH ENTRANT EVER HAD, NOW HAVE, OR HEREAFTER CAN, SHALL OR MAY HAVE, AGAINST THE RELEASED PARTIES (OR ANY OF THEM), INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO THE GIVEAWAY OR ENTRANT'S PARTICIPATION IN THE GIVEAWAY (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE RECEIPT, OWNERSHIP, USE, MISUSE, TRANSFER, SALE OR OTHER DISPOSITION OF THE PRIZE. All matters relating to the interpretation and application of these Terms and Conditions shall be decided by Sponsor in its sole discretion.
DISPUTES: As a condition of participating in the Giveaway, participants agree that any and all disputes that cannot be resolved between entrant and Sponsor, and causes of action arising out of or connected with the Giveaway or these Terms and Conditions, shall be resolved individually, without resort to any form of class action, exclusively before a court of competent jurisdiction located in the County of San Francisco in the State of California, and entrant irrevocably consents to the jurisdiction of the federal and state courts located in the County of San Francisco in the State of California with respect to any such dispute, cause of action, or other matter. All disputes will be governed and controlled by the laws of the State of California (without regard for its conflicts-of-laws principles). Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby irrevocably 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 incurred directly in connection with entrant's participation in the Giveaway), and
entrant further irrevocably waives all rights to have damages multiplied or increased, if any. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY. All federal, state, and local laws and regulations apply.
BY PARTICIPATING, YOU AGREE THAT YOU HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS.