Hi Favorite Holiday Giveaway 2024

OFFICIAL GIVEAWAY RULES AND REGULATIONS

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO ARE, AT THE TIME OF ENTRY, AT LEAST EIGHTEEN (18) YEARS OLD OR THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE. VOID WHERE PROHIBITED BY LAW.

1.     By entering this Hi Favorite 2024 Holiday Giveaway, entrants agree to be bound by these Official Giveaway Rules and Regulations (the “Official Rules”). The Giveaway commences at 9:00 AM Eastern Standard Time (“EST”) on Wednesday, November 27, 2024 and ends at 12:00 AM EST on Thursday, December 26, 2024  (the “Promotion Period”).  Sponsor’s clock is the official timekeeper for this Giveaway.  

2.     SPONSOR: The Giveaway is sponsored by HI FAVORITE, LLC (“Sponsor”), PO Box 42122, Cincinnati, Ohio 45242. For the avoidance of doubt, this Giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram.

3.     ELIGIBILITY: The Giveaway is open only to legal residents of the 50 United States and the District of Columbia who are, at the time of entry, at least eighteen (18) years old or the age of majority in their state of residence. The Giveaway is not open to: (1) employees, independent contractors, officers, and/or directors of Sponsor, and Sponsor’s respective parent, related, affiliated and/or subsidiary companies, advertising, promotion and fulfillment agencies or legal advisors and their respective officers, directors, agents, employees and assigns (collectively, “Released Parties”) or (2) the immediate family members of, and persons living in the same household as, any of the Released Parties. “Immediate family” is defined as parents, siblings, children or spouse. All United States federal, state and local laws apply.  Void where prohibited.

4.     HOW TO ENTER:

(a)   Method of Entry. During the Promotion Period, there is one (1) way to enter. No other method(s) of entry will be accepted. Limit one (1) entry per person, per family, per e-mail address, as applicable and per household, regardless of method of entry. Multiple entries received from any person or family or e-mail address or household in excess of the stated limitation will be void.  All information and files submitted in the format specified (“Submission”) will become property of Sponsor and used as provided in Sponsor’s Terms of Use and Privacy Policy, each of which can be found by visiting https://www.hifavorite.com/terms-of-use and https://www.hifavorite.com/privacy-policy (both of which are incorporated herein by reference). Sponsor and Released Parties are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void. Submissions generated by script, macro or other automated means are void.

1.     ONLINE: During the Promotion Period, click on the banners, buttons and/or links to access the online entry form for the Giveaway and register by filling out the required fields on the Giveaway entry page which will include:

                        (A) Name

                        (B) E-mail address

By submitting your completed online entry form and all other requested information as directed (the “Submission”), you will receive one (1) entry in the Giveaway.  Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible.  Incomplete entries are void.  Online entrants to the Giveaway will be given the option to receive commercial e-mails from Sponsor; however, eligibility to participate in the Giveaway is not dependent upon entrant’s consent to receive such e-mails and consenting to do so will not increase your chances of winning. 

(b)  Use of automated devices is not valid for online entry. By submitting an entry, entrants warrant and represent that the Submission, or any portion of it, will not violate any law or infringe upon the rights, title, claim or interest of any third party. Sponsor and the Released Parties are not responsible for any problems or technical, hardware, or software malfunctions of any telephone network or telephone lines, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Giveaway, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Sponsor due to technical problems, human error or traffic congestion, unavailable network connections on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to entrant's or any other person's computer relating to or resulting from participating in this Giveaway or downloading any materials in this Giveaway. By submitting an Submission or entry, you agree to abide by the terms of these Official Rules.   Entrants expressly agree that they are providing their information to Sponsor and not to Instagram or any other social media network (as applicable).

5.     DRAWING: A random drawing will be conducted on December 26, 2024 by Sponsor. Odds of winning depend on the number of entries received. Potential winner will be notified via direct message through the Account and, in order to claim the Prize (defined below), may be required to sign and return any required Affidavit of Eligibility and Release within two (2) days of the date notice is sent or such other date set by Sponsor. Failure to respond within the applicable time period will result in forfeiture of the Prize and Sponsor shall have the option to award the Prize to an alternate winner. All income taxes resulting from acceptance of the Prize are the responsibility of winner and winner will also be required to provide Sponsor with a completed IRS Form 1099. By entering this Giveaway, entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters. By entering this Giveaway, entrants waive all right to, and hold harmless the Released Parties from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in this Giveaway or the acceptance, use, or misuse of the Prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Acceptance of a the Prize also constitutes permission to the Released Parties to use winner's name, and likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. Released Parties will not be responsible for: lost, late, misdirected, damaged, illegible, incomplete,  incorrect, or otherwise unsatisfactory entries; lost, late, or misdirected prize notices; or any typographical, or other error in the printing of the offer, administration of the Giveaway, or announcement of the Prize. In the event of any such error, Sponsor reserves the right to cancel or modify the Giveaway in a manner deemed appropriate by the Sponsor, at the Sponsor's sole discretion. 

6.     PRIZE & APPROXIMATE RETAIL VALUE: The winner of the Giveaway will receive Laneige Lip Glowy Balm - Gummy Bear, MZOO Sleep Eye Mask, and Davines OI Hand Balm (the “Prize”). The total Approximate Retail Value (“ARV”) of the Prize is $63.99 USD. The Prize is non-assignable and non-transferable, and is not redeemable, exchangeable or substitutable for cash by winner. Sponsor reserves the right to substitute a prize of equal or greater value. If a potential winner is disqualified for any reason, Sponsor will award the Prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the Prize will remain un-awarded.

7.     GENERAL CONDITIONS:  Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Giveaway should any computer virus, bugs or other technical difficulty or other causes beyond the control of the Sponsor or Released Parties corrupt the administration, security or proper play of the Giveaway. Sponsor also reserves the right, in its sole discretion, to cancel, modify or suspend the Giveaway at any time and for any reason, or for no reason. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of the Prize described in these Official Rules will be awarded.  

8.     LIMITATIONS OF LIABILITY: By entering the Giveaway, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with the Giveaway, or the Prize awarded, shall be resolved individually without resort to any form of class action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorney's fees; and (3) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out- of-pocket expenses. 

9.     BY PARTICIPATING IN THIS GIVEAWAY, ENTRANTS AGREE THAT THE RELEASED PARTIES 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 PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS GIVEAWAY OR IN ANY GIVEAWAY-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, ACCESS TO AND USE OF ANY INTERNET WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE, OR MERCHANDISE DELIVERY.  THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE PRIZE CANNOT BE AWARDED DUE TO ACTS OF GOD, ACTS OF WAR OR TERRORISM, NATURAL DISASTERS OR WEATHER EVENTS.

10.  WARRANTY DISCLAIMER: The Prize is awarded “AS IS.” Except as otherwise provided in these Official Rules, Sponsor makes no warranties, representations or guarantees, express or implied, in fact or in law, respecting the performance or use of the Prize, including, without limitation, quality, merchantability, and fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority. 

11.  CONSTRUCTION: Sponsor shall be the sole interpreter of these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant vis-à-vis Sponsor, shall be governed by, and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Ohio, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Ohio. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein. 

12.  PRIVACY POLICY: Information submitted with an entry is subject to Sponsor’s Privacy Policy, accessible at https://www.hifavorite.com/privacy-policy, and Terms of Use, accessible at https://www.hifavorite.com/terms-of-use, which are hereby  incorporated herein by reference. 

13.  GENERAL RELEASE: By entering the Giveaway, you release and discharge Sponsor or any of its affiliates, Instagram and/or any other social media network (as applicable) from any liability whatsoever in connection with the Giveaway, your participation in the Giveaway, or with the acceptance, possession, use or misuse of the Prize including, without limitation, legal claims, costs, injuries, losses or damages, demands or actions of any kind (including, without limitation: personal injuries; death; damage to, loss or destruction of property; rights of publicity or privacy; and defamation or portrayal in a false light). Sponsor and the Released Parties will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Giveaway. Sponsor and the Released Parties will not be responsible for any inaccurate Prize details supplied to an entrant by any third party related to this Giveaway. Additionally, you hereby agree to indemnify the Sponsor and the Released Parties from any and all losses, damages, costs, expenses, rights, claims, demands and actions (including attorney's fees and expenses for litigation and settlement), which may be brought against any one or more of them by anyone claiming to have suffered loss or damage as a result of your participation in the Giveaway and/or with your acceptance, possession, use or misuse of the Prize.

14.  OFFICIAL RULES/WINNERS LIST: To obtain a copy of these Official Rules, print them or send a self-addressed, stamped envelope to: Hi Favorite 2024 Holiday Giveaway, c/o HI FAVORITE, LLC, PO Box 42122, Cincinnati, Ohio 45242. If you have any questions regarding this Giveaway or would like to obtain the name of the Prize winner (available after December 26, 2024), send a self-addressed, stamped envelope to: Hi Favorite 2024 Holiday Giveaway, c/o HI FAVORITE, LLC, PO Box 42122, Cincinnati, Ohio 45242. All requests for Official Rules and the Prize Winners must be received on or before February 24, 2024.