Womanizer
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T&C's Giveaway Sync O & Liberty 2
Giveaway on We-Vibe and Womanizer Instagram - Official Rules 1. Residency; Eligibility. a. Residency. Except where prohibited by law, the We-Vibe and Womanizer competition (the “Competition”) is open to all eligible (as defined hereinbelow) individuals with a valid Instagram account (each an “Entrant”). THE COMPETITION SHALL BE VOID WHERE PROHIBITED BY LAW. b. Eligibility. To be eligible to participate in the Competition an Entrant: (i) must have reached the age of majority in the Entrant’s state, province or territory of residence during the Entry Period (as defined hereinbelow), and (ii) may not be an employee, officer, director of the Sponsor (as defined hereinbelow) and/or any of its Affiliates1 (collectively, the “Employees”), or a member of an Employees’ Family2 and/or an individual living in the same household as any Employee. 2. Sponsorship. The Sponsor is WOW Tech Canada Ltd., an Ontario corporation, with its registered address at 1545 Carling Avenue, Suite 401, Ottawa, Ontario, K1Z 8P9, Canada for Entrants resident in Canada and WOW Tech USA Ltd., a Delaware corporation, with its registered address at 103 Foulk Rd, Ste 202, Wilmington, Delaware 19803 for Entrants resident in the United States of America, Lovehoney Australia Pty Limited, an Australian corporation, with its registered address at Grant Thornton, King George Central, Level 18 145 Ann Street, Brisbane, Queensland 4000, Australia, for Entrants resident in Australia, and WOW Tech Europe GmbH, a German entity, with its registered address at Hermann-Blankenstein-Str. 5, 10249 Berlin, Germany, for all other Entrants (each, a “Sponsor” or “WOW Tech”). The Sponsor will conduct the Competition in accordance with the rules set forth herein (the “Official Rules”). 3. Acceptance of the Official Rules. a. By participating in this Competition, the Entrant agrees to abide by the Official Rules. The Participation in the Competition constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules. The Sponsor reserves the right at any time, at its sole discretion, to refuse, withdraw, or disqualify an Entrant and to verify the eligibility of any Entrant. By participating in this Competition, the Entrant represents and warrants that the Entrant is eligible to participate based on the eligibility requirements set forth in the Official Rules. The Entrant also agrees to accept the decisions of the Sponsor in connection with this Competition as final and binding. b. Entrants acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram or Meta Platforms, Inc. or any of its Affiliates. Entrants shall provide any information in connection with the Competition to the Promoter and not to Meta Platforms, Inc. nor any of its Affiliates. Any questions, comments or complaints regarding the Competition must, therefore, be directed to the Promoter only. 4. Entry Period. The Competition begins on April 10, 2024, at 18:00 PM CEST and ends on April 17, 2024, at 11:59 PM CEST (“Entry Period”). 5. How to Participate in the Competition; Disqualification/Compliance a. How to Participate. Entrants participate the Competition by following the Sponsor at @wevibe @womanizerglobal on Instagram during the Entry Period and, if so required on a particular Competition Day (as defined hereinbelow), by posting a statement on the Sponsor’s Instagram account as requested by the Sponsor. Computer generated or other automated Instagram accounts by an Entrant will not be accepted. b. Disqualification; Compliance. The award of any Prize will be contingent upon the compliance by each Entrant with any and all federal, state, provincial and local laws, rules and regulations and the rules and procedures of the Official Rules and any rules and procedures of Instagram. IF, TO THE SPONSOR’S KNOWLEDGE, THE ENTRANT VIOLATES ANY OF THE APPLICABLE LAWS, RULES OR REGULATIONS OR ANY OF THE OFFICIAL RULES, THE ENTRANT (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS WINNER OR ENTRANT WILL BE IMMEDIATELY TERMINATED. NOTWITHSTANDING ANY PROVISION OF THE OFFICIAL RULES, THE SPONSOR ASSUMES NO RESPONSIBILITY OR LIABILITY TO INVESTIGATE OR RESEARCH THE ENTRIES FOR COMPLIANCE WITH THE OFFICIAL RULES. 6. Prizes; Substitutions; Non-Transferability; No Warranties and Representations; Taxes. a. Prizes. On every day or on selected days, at the sole discretion of the Sponsor, (each a “Competition Day”) five (5) prizes can be won. With a retail value in the range of approximately (USD 270) (each a “Prize”). The actual/appraised value of any Prize may differ at the time any Prize is awarded. All retail values are estimates only. On Competition Day or on the following day, the Sponsor may, by drawing a lot, award the Prize to one (1) Entrant (the “Winner”) who participates in the Competition on that Competition Day. An Entrant can only win one (1) Prize during the Entry Period. b. Substitutions. The Sponsor reserves the right, at any time with or without notice to the Entrants, to substitute a Prize or a Prize component with one of equal or greater value. No Entrant will be entitled to cash or other prize substitution permitted except at the Sponsor’s discretion. c. Non-Transferability. Prizes are non-transferable. Each Entrant, upon acceptance of a Prize, is solely responsible for all costs and expenses related to the acceptance, use or redemption of the Prize, including without limitation the payment of any and all local, state, provincial and federal taxes and any related legal requirements, including any related disclosure to any tax authority. The Entrant shall not convey, transfer or assign any Prize or any right therein to others nor shall the Entrant be entitled to a cash equivalent or substitution. Any such conveyance, transfer or assignment will be null and void and of no legal effect. d. No Representations or Warranties. The Sponsor makes no representations or warranties with respect to the receipt, delivery, use or misuse of any Prize. If any Entrant is unable to receive and/or redeem any or all of any applicable Prizes due to reasons beyond the control of Sponsor, no compensation, cash value or substitute prize will be provided. e. TAXES. EACH ENTRANT IS RESPONSIBLE FOR ALL APPLICABLE TAXES, AND ALL COSTS AND EXPENSES THAT SHALL BE DUE AS A RESULT OF ACCEPTANCE AND USE OF ANY PRIZE INCLUDING, BUT NOT LIMITED TO, INCOME, SALES, OR OTHER TAXES OR COSTS AND ANY EXPENSES ASSOCIATED WITH THE PRIZE. f. Additional Requirements. In order to be declared a prize winner, the Winner must comply with the Official Rules, correctly answer without assistance a mathematical skill testing question and, upon request, sign a Statement of Compliance and Release (the “Statement”), in a form satisfactory to Sponsor in its sole discretion that must be completed and returned to Sponsor. 7. Odds. The total number of Entrants participating in the Competition determines the odds of winning. 8. Notification of Winner; Failure to Claim Prize. a. Notification. The Sponsor will notify the Winners on Instagram, by direct message, within thirty (30) days following the Winner’s selection. b. Failure to Claim. The Sponsor shall be neither responsible nor liable for any Winner’s failure to receive a notice, including but not limited to due to security settings, nor shall the Sponsor be liable for any Winner’s provision of incorrect or otherwise non-functioning contact information. If any Winner (or Alternate Winner, as defined hereinbelow) (1) fails to claim their Prize within forty-eight (48) hours from the time the award notification was sent, or (2) is found to be ineligible, the Prize will be forfeited, and an alternate Winner may be determined (the “Alternate Winner”). 9. Rights Granted by the Entrant. Except where prohibited by law, by accepting a Prize, each Entrant understands, acknowledges and agrees that the Sponsor, any of its Affiliates, any individual acting on the Sponsor’s and/or any Affiliates’ behalf, and any licensee, successor, and assign of the Sponsor and/or any of its Affiliates shall, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, the Entrant’s name and likeness, and any of the Entrant’s statements about and in connection with the Competition for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration. 10. Modification and Termination. In its sole discretion, the Sponsor reserves the right to modify, suspend, cancel, or terminate the Competition, in whole or in part, at any time and without notice, including but not limited in the event of a non-authorized human intervention, a bug or a virus, fraud, or any other cause beyond the Sponsor’s control (including insufficient entries or any accident, technical, administrative, or other error of any kind) or any other event impacting adversely upon or corrupting, the security, fairness, proper conduct, or administration of the Competition. In the event of any modification, suspension, cancelation or termination of the Competition, the Sponsor reserves the right at its discretion to determine the Winner(s) prior to and/or after (if appropriate) such action taken by the Sponsor, or not to determine any Winner(s) at all. 11. Release; Indemnity; Limitation of Liability; Severability. The Entrant shall release and hold harmless the Sponsor, Meta Platforms, Inc., and their respective Affiliates, and their respective shareholders, directors, and officers, members, managers, employees and other agents against and from any and all claims, liability, loss due to injury, death or damages of any kind (including direct, indirect, incidental, consequential or punitive damages) that may arise out of or relate to, directly or indirectly, the Entrant’s entry or participation in this Competition, any statements or postings made or content produced and/or uploaded on Instagram or the use, misuse or redemption of a Prize. THE ENTRANT HEREBY WAIVES ALL RIGHTS TO PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING REASONABLE LEGAL FEES, OTHER THAN ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH ENTERING THIS COMPETITION). IN NO EVENT SHALL THE SPONSOR BE LIABLE FOR MORE THAN THE APPROPRIATE RETAIL VALUE OF THE RELEVANT PRIZE. Any provision of the Official Rules shall be severable and, if one or more provisions shall be held not to be valid under applicable law, the remainder of the Official Rules shall remain enforceable to the maximum extent permitted by applicable law. 12. Governing Law; Disputes. a. Governing Law. This Competition and the Official Rules are governed by the laws of the Province of Ontario and the federal laws of Canada for Entrants that are resident in Canada, by the laws of the State of New York for Entrants that are resident in the United States of America, by the laws of Queensland, Australia, for Entrants that are resident in Australia and otherwise by the laws of Germany, each time without reference to conflict of law rules thereof. b. Dispute Resolution. The Entrant agrees, as a condition to participating in this Competition, that if any disputes cannot be amicably resolved between the Entrant and the Sponsor, any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration administered by the Canadian Arbitration Association (“CAA”) for Entrants that are resident in Canada, by the American Arbitration Association (“AAA”) for Entrants that are resident in the United States of America, by the Australian Centre for International Commercial Arbitration (“ACICA”) for Entrants that are resident in Australia and otherwise by the German Arbitration Institute (“DIS”) under their respective consumer arbitration rules (if applicable), without recourse to the ordinary courts of law and without resorting to any form of class action arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in Ottawa, Canada, in case of a dispute with an Entrant that is resident in Canada, in New York, New York, USA, in case of a dispute with an Entrant that is resident in the United States of America, in Brisbane, Queensland, Australia, in case of a dispute with an Entrant that is resident in Australia, and otherwise in Berlin, Germany, each time before one arbitrator selected from the roster of arbitrators of the CAA, AAA, ACICA or DIS respectively. The arbitrator shall be an attorney practicing consumer and commercial law with at least fifteen (15) years of experience. The prevailing party in any threatened or actual claim, action or proceeding between the parties shall be entitled to reimbursement by the other party for the prevailing party’s legal costs and expenses, including the prevailing party’s attorneys’ fees and expenses and any arbitrator’s fees and expenses. 13. Personal Data. In order to participate in this Competition, it may be necessary for Entrants to provide personal data (including without limitation the name, e-mail address and phone numbers of the Entrant) (the “Data”). The Sponsor only uses this Data for the duration and for the administration of the Competition unless specified otherwise herein. If the prizes are provided by someone other than the Sponsor, the Sponsor will send such Data to the sponsor of the relevant Prize or its service provider for the sole purpose of administering this Competition. Otherwise, the Data will not be disclosed or transferred to third parties without any necessary consent. Information submitted with an entry is subject to the privacy policy stated from time to time on the Sponsor’s website. Click here to read the Sponsor’s current privacy policy. 14. No Employment or Contractual Relationship. Nothing contained in the Official Rules shall be deemed or construed to create any legal commitment or obligation on the part of the Sponsor to treat any Entrant as an employee or an sales agent; without limiting the generality of the foregoing, no Entrant shall be entitled to any commission or other remuneration in connection with the offer or sale of any WOW Tech brand product or service. 15. Amendment; Waiver. No amendment, modification, supplement, termination, consent or waiver of any provision of the Official Rules shall be effective unless explicitly stated on the Competition Website or granted in writing duly executed by a duly authorized officer of the Sponsor. 16. Winners List. Any eligible Entrant may obtain a copy of the Winner’s name(s) or a copy of the Official Rules, by sending a request via email to: kata.pal@lovehoneygroup.com. Any such request must be received by the Sponsor no later than May 10, 2024, at 11:59 PM CEST.