Social Giveaway Terms
TATA HARPER GIVEAWAY RULES & REGULATIONS
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN. PURCHASE WILL NOT
IMPROVE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION.
VALID ONLY IN THE 50 U.S. STATES AND WASHINGTON, D.C. AND IS INTENDED FOR
PARTICIPATION IN THOSE AREAS ONLY.
OVERVIEW
Tata’s Natural Alchemy, LLC (“Sponsor”) is committed to bringing naturally derived, luxury
skincare through its brand Tata Harper Skincare, using advanced results-driven technology to nourish the skin and fight the signs of aging while promoting overall health, wellness,
beauty and vitality. From time to time, Sponsor will host giveaways through the Instagram
platform, TikTok platform, our website, or other digital platforms (each, a “Giveaway”) by
uploading a post or webpage (each, a “Giveaway Post”) where entrants will have the
opportunity to win prizes ranging from products to experiences as specified in the
Giveaway Post (each, a “Prize”). The Prizes will be awarded in accordance with these
Official Rules, and by participating in the Giveaway, each entrant unconditionally accepts
and agrees to comply with and abide by these Official Rules and the decisions of Sponsor,
which shall be final and binding in all respects. Although the Giveaway is administered
through the Instagram platform, it is in no way sponsored, endorsed or administered by, or associated with, Instagram, and each entrant releases Instagram from any and all liability in connection with the Giveaway.
ELIGIBILITY TO ENTER
The Giveaway is open only to permanent legal residents of the continental United States
and Washington, D.C. (excluding all other U.S. and foreign territories and possessions)
who are physically located and residing therein and who warrant and represent that they
meet all of the following requirements as of the time their entry into the Giveaway is
deemed complete: (a) they are 18 years of age or older and at least the age of majority in
their state of residence; (b) they have Internet access; (c) they possess a social security
number, or federal tax identification number issued by the appropriate government
agency; (d) they have carefully read and reviewed prior to agreeing to, and agreed to as
instructed, these Official Rules; and (e) they have an active Instagram account (free to
download). Sponsor and its affiliates, their respective directors, officers, employees, or
agents, and other persons/entities involved or directly associated in the development,
handling, production, implementation and distribution of the Giveaway (collectively
“Sponsor Entities”) and/or members of their immediate families and/or persons living in
the same household as such persons, whether or not related, are ineligible to enter the
Giveaway. For certain Giveaways, additional restrictions on eligibility may apply, which will
be specified in the applicable Giveaway Posts. This Giveaway is void where prohibited by
law.
HOW TO ENTER
To enter the Giveaway, you must follow and complete all of the steps as instructed in the
applicable Giveaway Post and Website in which a link to these Official Rules will appear
(“Submission”). The Submission must be completed during the entry period specified in
the applicable Giveaway Post (“Entry Period”). By completing a Submission, you are
acknowledging and agreeing that: (a) Sponsor has the right to use your Submission in
connection with this Giveaway, its advertising, and/or its terms of use located on its
websites; (b) Sponsor may use any personally identifiable information collected in
connection with the Giveaway in accordance with its online Privacy Policy; and (c) you
unconditionally accept and will comply with these Official Rules. Once you complete a
Submission, you will be entered into the Giveaway; provided, however, that any
Submission that does not comply with these Official Rules will be disqualified and will not
be eligible for entry. Any attempted form of entry into the Giveaway other than as described herein is void. Sponsor reserves the right to verify eligibility of all entrants. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. By entering the Giveaway, entrants agree to comply with these Official Rules including all eligibility requirements. Limit one entry per person per Giveaway. Multiple entries submitted for the Giveaway will count only as one entry, and will not qualify as an entry for any other Giveaway whether in the past or future. Any attempt by an entrant to obtain more than the allowable number of entries by using more than one Instagram account will void all of that entrant’s entries. Any person attempting to defraud Sponsor or tamper with the Giveaway in any way will be prosecuted to the full extent permitted by law and will not be eligible for the Prize. Sponsor Entities are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer
transmissions or any human error which may occur in the receipt or processing of the
entries. Proof of entry does not constitute proof of delivery or Sponsor’s receipt of that
entry. Sponsor reserves the right to modify the scheduling of the Giveaway without prior
notification. In the event of a dispute regarding the identity of the entrant, the entry will be deemed to be submitted by the person in whose name the Instagram account was
registered on the date the entry is submitted.
WINNER SELECTION AND NOTIFICATION
Within 10 business days following the Entry Period, Sponsor or its designee will select
potential winners (each, a “Potential Winner”) in a random drawing from among all
Submissions received by Sponsor during the Entry Period. Sponsor will attempt to notify a
Potential Winner via private message to the Instagram account used in the Submission. A
Potential Winner must respond to Sponsor within 48 hours of Sponsor’s first notification
attempt. If a Potential Winner does not respond to Sponsor within 48 hours of Sponsor’s
first notification attempt, then he or she will be disqualified and Sponsor may, but is not
required to, select an alternate Potential Winner. Odds of winning are dependent on
number of entrants, and making a purchase will not increase your odds of winning.
Sponsor’s decisions are final and binding on all matters relating to the Giveaway, and each
entrant agrees to be bound by and not challenge the final decisions of Sponsor. Sponsor
shall have no liability for failed notification attempts that are lost, stolen, undeliverable,
intercepted, or not received by a Potential Winner or an alternate Potential Winner for any
reason. A Potential Winner who receives the Prize is known as the “Winner.” Sponsor
reserves the right, in its sole discretion, to select no Winner for the Giveaway if an
insufficient number of eligible and complete entries are received during the Entry Period.
GIVEAWAY PRIZE
The number and description of Prizes awarded for each Giveaway, including the
Approximate Retail Value of the Prize (“ARV”) will be specified in the applicable Giveaway
Post. No substitution, transfer, refunds, or cash equivalent for the Prize (or Prize
component) is permitted. The ARV of the Prize represents Sponsor’s good faith
determination and cannot be challenged or appealed. In the event the ARV of the Prize (or Prize component) is more than the actual retail value or fair market value of the Prize (or
Prize component), the difference will not be awarded in cash or otherwise. If Winner
forfeits the Prize, this forfeiture will serve as complete fulfillment of the obligation by
Sponsor and no additional compensation will be awarded. Winner is solely responsible for
all costs, incidentals, and any other expenses not specifically mentioned as being
included. All federal, state, local or other taxes are the sole responsibility of Winner.
Winner may receive an IRS Form 1099-MISC from Sponsor for the total ARV of the Prize
(stated herein) for the Entry Period, and may also be required to sign, have notarized and
return an Affidavit of Eligibility, a Liability Release, a Publicity Release (where legal), IRS
Form W-9, and/or any other documentation that Sponsor may require (collectively
“Documentation”), within 5 days after receipt of such Documentation or you may be
disqualified and an alternate Potential Winner may be selected from among the remaining
entrants at Sponsor’s sole discretion.
THE PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). ACCEPTANCE,
PARTICIPATION IN AND/OR USE OF THE PRIZE ARE AT THE WINNER’S SOLE RISK, AND
SPONSOR IS NOT RESPONSIBLE FOR DAMAGES WHATSOEVER, INCLUDING SPECIAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH
THE USE AND/OR MISUSE OF THE PRIZE. Some jurisdictions may not allow the limitations
or exclusion 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
your local laws for any restrictions or limitations regarding these limitations or exclusions.
WINNER PROMOTION BY SPONSOR
By participating in the Giveaway and accepting the Prize, you hereby grant Sponsor
permission to use your name, photograph, image, likeness, voice, biographical
information, statement, and complete address for commercial, advertising and publicity
purposes worldwide and in all forms of media now known or hereafter devised, in
perpetuity, without notice, review or approval and without further compensation (except
where prohibited by law) and releases the Sponsor from all claims arising out of the use
thereof.
GENERAL CONDITIONS AND DISCLAIMERS
This Giveaway is subject to these Official Rules and all applicable federal, state, provincial,
and local laws. By participating in the Giveaway, each entrant: (a) agrees to waive any right
to claim any ambiguity or error in these Official Rules or the selection procedures or the
Giveaway itself; (b) agrees to be bound by these Official Rules and by all decisions of
Sponsor, whose decisions are binding and final in all respects; and (c) attests to the
provisions stated in these Official Rules and compliance with these Official Rules. If, for
any reason, the Giveaway is not capable of running as planned, including infection due to
computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure,
human error or any other causes beyond the control of Sponsor that corrupt or affect the
administration, security, fairness, integrity, or proper conduct of the Giveaway, Sponsor
reserves the right to disqualify any entrant it finds who tampers with the entry process or
operation of the Giveaway or website, and to cancel, terminate, modify, or suspend the
Giveaway without notice. Sponsor is not responsible for any error, omission, interruption,
deletion, defect or delay in operation or transmission, communications line failure,
problems or technical malfunctions of any computer online systems, servers, or providers,
computer equipment, software, failure of any e-mail or entry to be received by Sponsor on
account of human error, technical problems or traffic congestion on the Internet or at any
website, theft or destruction, or unauthorized access to, or tampering with or hacking of
any website, any combination thereof, or otherwise, including any injury or damage to any
entrant’s or any other person’s computer/phone related to or resulting from an entrant’s
participation in the Giveaway. Moreover, the failure of Sponsor to comply with any
provision of these Official Rules due to an act of third party delivery services, God,
hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of
governmental authorities outside of the control of the Sponsor (excepting compliance with
applicable codes and regulations) or other force majeure event will not be considered a
breach of these Official Rules.
BY PARTICIPATING IN THE GIVEAWAY, YOU AGREE THAT THE SPONSOR ENTITIES SHALL
HAVE NO RESPONSIBILITY OR LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY OR DEATH) IN CONNECTION WITH
THE GIVEAWAY (INCLUDING, BUT NOT LIMITED TO, MISPRINTED OR TYPOGRAPHICAL
ERRORS ON ANY GIVEAWAY POST), INCLUDING PARTICIPATION,
ACCEPTANCE/POSSESSION AND/OR USE OR MISUSE, AND/OR DEFECT OF THE PRIZE,
EVEN IF CAUSED BY THE NEGLIGENCE OF THE SPONSOR ENTITIES. YOU HEREBY
ACKNOWLEDGE THAT SPONSOR ENTITIES HAVE NEITHER MADE NOR ARE IN ANY
MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR
GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE, TO THE
FULLEST EXTENT PERMITTED BY LAW. You agree to release, defend, indemnify and hold
harmless each of the Sponsor Entities from and against any and all claims, lawsuits,
judgments, causes of action, proceedings, demands, fines, penalties, liability, damages,
costs, attorneys’ fees, and losses that may arise in connection with any and all of the rights and benefits you confer upon the Sponsor Entities in these Official Rules, including any
and all liability resulting or arising from Sponsor’s use of any entries or your participation in the Giveaway.
DISPUTE RESOLUTION
Except where prohibited, you hereby agree that: (a) any and all disputes, claims and
causes of action arising out of or connected with the Giveaway or the Prize shall be
resolved individually, without resort to any form of class action, and exclusively by a
federal or state court located in New York, New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated
with entering into the Giveaway, but in no event attorneys’ fees; and (c) under no
circumstances will you be permitted to obtain awards for, and you hereby waive all rights
to claim indirect, punitive, incidental and consequential damages and any other damages,
other than for actual out-of-pocket expenses, and waive any and all rights to have
damages multiplied or otherwise increased.
GOVERNING LAW
All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of an entrant and
Sponsor in connection with the Giveaway, shall be governed by, and construed in
accordance with, the laws of the State of New York, without giving effect to any choice of
law or conflict of law rules (whether of the State of New York or any other jurisdiction),
which would cause the application of the laws of any jurisdiction other than the State of
New York.
WINNER LIST
To obtain a copy of the Winner(s) list after the Entry Period, send a self-addressed,
stamped envelope to: Tata’s Natural Alchemy, LLC Attn: Social Media—Giveaways, 1407
Broadway, Suite 210, New York, NY 10018. All requests must specify the date of the
Giveaway Post and applicable brand, and be received no later than 30 days after the end of the applicable Entry Period.