Giveaways Official Rules - BOXYCHARM: The Best Monthly Beauty and Makeup Box Subscription
OFFICIAL RULES FOR GAME PROMOTIONS, GIVEAWAYS, AND SWEEPSTAKES
Last Modified: May 21, 2020
Each month Boxy Charm, Inc. (“Sponsor,” “Boxy Charm,” “We,” or “Us”) may, in its sole discretion, run game promotions, giveaways, sweepstakes, and other contests based solely on skill or chance or a combination thereof, for charmers or other individuals to win beauty products or other products and prizes as determined by Boxy Charm. These contests may be called or referred to as "website giveaways," "exclusive giveaways," "boosted giveaways,” “sweepstakes,” “game promotions,” “contests,” and/or their functional equivalent (“Giveaway(s)”).
We promote our Giveaways through several means, depending upon the type of Giveaway and the channels we choose to use. You can find out about them by visiting www.boxycharm.com or through Boxy Charm’s social media channels that are part of the Boxy Charm Online Community.
Terms for Giveaways
Your participation in any Giveaway is subject to and governed by these official rules as set forth herein, along with any guidelines and additional terms and conditions (“Additional Terms”) governing any applicable social media channel and those outlined in or referenced by the specific Giveaway (the "Specific Giveaway") which may also be found at www.boxycharm.com. Any person who shall participate in a Giveaway shall be deemed to be an entrant of that Specific Giveaway for which they have chosen to participate (“Entrant”).
Social Media Disclosure
All Giveaways also follow the guidelines of the social media channel on which the Giveaway is promoted.
Giveaways are in no way sponsored, endorsed or administered by, or associated with the social media channel you use to learn about or enter the Giveaway.
Entrants are providing their information to Boxy Charm and not to the social media channel, during the entry process.
No purchase is necessary to enter or win Giveaways offered by Boxy Charm. A purchase will not affect your chances of winning Giveaways. In other cases, purchase may be necessary for entering Giveaways. You can find information regarding whether purchase is necessary for a particular contest by checking the rules for the Specific Giveaway, located here.
Unless otherwise noted in the Additional Terms for the Specific Giveaway, Boxy Charm’s Giveaways are open to legal residents of the 50 United States and Canada (excluding Quebec) that are over 18 years old at the time the Specific Giveaway is being held. Boxy Charm’s employees and members of their immediate families are not eligible to participate or win. Giveaways are subject to all applicable federal, state, and local laws, rules, and regulations. Void in Quebec, Puerto Rico, and where prohibited by law.
Unless otherwise outlined in the Additional Terms for the Specific Giveaway, the Sponsor of the Giveaway is Boxy Charm, Inc., whose address is 880 SW 145th Avenue, Suite 300, Pembroke Pines, FL 33025.
The Giveaway begins and ends on the time and date outlined in the Additional Terms for the Specific Giveaway, according to Boxy Charm’s internal time clock. All times are listed in Florida time, Eastern Standard Time (EST).
Only one entry per natural person per Giveaway unless otherwise noted in the Additional Terms for the Specific Giveaway. Multiple entries for Giveaways will not increase your chances of winning (you will still only receive one entry), unless specified in the Additional Terms for the Specific Giveaway. If you enter more than once in a Giveaway, only your last eligible entry will be counted.
You may enter as many current Giveaways as you are otherwise qualified to enter. In any given year, if your winnings or the value thereof exceeds $600.00, your winnings may be considered by the IRS as a taxable event, and Boxy Charm may be required to issue you a tax form 1099 or any other tax form required by the laws of Canada.
How to Enter
Follow the instructions contained in the Specific Giveaway to enter. In some cases, you may be asked to enter through a social media channel. In that case, you must have an account on that social media channel. All social media channels Boxy Charm uses to launch Giveaways are free to join and Boxy Charm makes commercially reasonable efforts to make sure Giveaways follow the guidelines set forth by the social media channel for promotions of that nature. IN ALL CASES WHERE YOU ARE REQUIRED TO PLACE HASHTAGS ON THE ENTRY, ALL HASHTAGS MUST BE INCLUDED OR YOUR ENTRY WILL NOT BE ELIGIBLE FOR THE SPECIFIC GIVEAWAY.
In the event the Specific Giveaway is a sweepstakes and the sweepstakes requires you to upload a photograph of yourself or show an image or video of yourself, you may upload any image or videos that includes the requisite hashtags (so that we can find it), and you will be entered in the Specific Giveaway. If the Specific Giveaway is a contest, you will be provided the judging criteria on which your entry will be judged.
The odds of winning depend upon the number of entries received.
Sweepstakes Winner Selection
On or within 48 hours of the sweepstakes close, and unless otherwise outlined in the Specific Giveaway, one (1) Entrant will be selected at random by Sponsor or its representative from among all eligible entries received (the “Selected Entrant”). In the event the Selected Entrant is a Canadian resident, s/he will be provided a skills question s/he must answer correctly in order to receive the prize.
Contest Winner Selection
At the close of the contest, all eligible contest entries will be judged by a panel of qualified judges using the judging criteria outlined in the Specific Giveaway, and the winner with the highest score will be deemed the winner (also “Selected Entrant”). In the event there is more than one winner to be determined, the Specific Giveaway will identify the number of winners and the specific prizes. In the event of a tie, those entries will be rescored.
Giveaway Winner Notification and Announcement
Unless otherwise noted, Selected Entrants will be announced publicly using the social media channel on which the Specific Giveaway was launched, and contacted by way of direct message to be given instructions on how to claim their prize(s). Only one attempt to contact each Selected Entrant will be made. Selected Entrant will be required to respond (as directed in the direct message) within seven (7) calendar days of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case, Sponsor may, but is not obligated to, select an alternate Selected Entrant.
The prize, the number of prizes, and the individual and total retail values of those prizes could be listed in the Additional Terms of the Specific Giveaway and/or provided upon request.
Publicity and Media Release
BY PARTICIPATING IN A GIVEAWAY, YOU, AS THE ENTRANT, IRREVOCABLY GRANTS, ASSIGNS, AND CONVEYS TO BOXY CHARM AND ITS RESPECTIVE AFFILIATES, SUCCESSORS, ASSIGNS, AND LICENSEES, THE IRREVOCABLE, WORLDWIDE, PAID-UP, AND ROYALTY FREE RIGHT, LICENSE, AND PERMISSION TO PUBLISH, REPUBLISH, DIGITIZE, USE, MODIFY, EDIT, ALTER, TOUCH-UP, MAKE DERIVATIVE WORKS OF OR FROM, AND/OR REUSE SUCH ENTRANT’S ENTRY OR SUBMISSION, NAME, LIKENESS, IMAGE, VOICE, AND BIOGRAPHICAL INFORMATION IN ANY AND ALL MEDIA FOR ANY PURPOSE WHATSOEVER, INCLUDING WITHOUT LIMITATION, TO COMMERCIALLY EXPLOIT, ADVERTISE, MARKET, OR PROMOTE BOXY CHARM AND ITS BUSINESS(ES), GOODS, PRODUCTS, SERVICES, PROMOTIONS, AND GIVEAWAYS , AND HEREBY RELEASE BOXY CHARM FROM ANY LIABILITY WITH RESPECT THERETO, UNLESS PROHIBITED BY LAW. BOXY CHARM HAS NO DUTY TO REMOVE ANY CONTENT OR PUBLICATION OF RELATED TO ENTRANT’S ENTRY OR SUBMISSION, WHICH WAS PUBLISHED, POSTED, OR OTHERWISE CIRCULATED AFTER ENTRANT’S PARTICIPATION IN A GIVEAWAY.
In cases where the prize in a Specific Giveaway exceeds $600.00, the Selected Entrant may also be required to complete additional paperwork and documentation, provide Sponsor with her or his social security number, and may be issued a tax form. In the event of a dispute about the identity of an Entrant, each entry will be declared made by the name and relevant information submitted at time of entry. Sponsor will not make multiple attempts to contact Selected Entrant.
No substitution, transfer, or cash redemption of prize permitted, provided, however, that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason.
Prizes are shipped only to the Selected Entrant via ground shipping to the United States and Canada.
Conditions of Participating
By participating, Entrants agree to be fully and unconditionally bound by these terms, the Additional Terms, and the decisions of Sponsor, and waive any right to claim ambiguity in the Giveaway or to claim vagueness or that the applicable terms were not agreed to by Entrant. Any portion of the Giveaway may be canceled, suspended and/or modified, in whole or in part, if in Boxy Charm’s opinion any fraud, technical failure, or other factor beyond Our control impairs the integrity or proper functioning of the Giveaway. Sponsor reserves the right, in its sole discretion, to disqualify any individual who is found to be tampering with the entry process or the operation of any Giveaway or Sponsor’s website, to be acting in violation of these terms, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entrants may not enter with multiple identities or use any automated system, bot, or other device or artifice to enter or obtain more than the maximum number of qualified entries. Sponsor reserves the right, at its sole discretion, to terminate any Giveaway and, if terminated, at its discretion, select the winner(s) either by applying the judging criteria, or, if a sweepstakes, in a random drawing from among all eligible, non-suspect entries received prior to action taken.
Limitation of Liability
If for any reason an entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the Entrant's sole remedy is another entry in the same Giveaway during the Giveaway period listed in the Specific Giveaway. Selected Entrants also agree to release, discharge, indemnify, and hold harmless Sponsor and each of its respective affiliates, successors, assigns, officers, directors, employees, representatives and agents (collectively "Releasees") from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages, or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (a) use, redemption, acceptance, possession, ownership, or misuse of any prize, (b) participation in any activity, event, or excursion offered in connection with the prize, (c) use of any facility, service, and/or accommodation related to the prize, (d) participation in any sweepstakes-related activity or participation in any Boxy Charm Giveaways, and (e) the publication, use, modification, and commercial exploitation of Entrant’s entry or submission, name, likeness, image, voice, and biographical information. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete, unreadable, inaccurate, garbled, or unintelligible entries, communications, or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays, or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession, or use of a prize, or from participation in the Giveaways; or (v) any printing, typographical, administrative, or technological errors in any materials associated with these Giveaways. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen notifications. In the event Sponsor is prevented from continuing with a Specific Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, pandemic, disease, earthquake, explosion, labor dispute or strike, government shutdown, act of God or public enemy, or any federal, state, or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor may not be subject to any liability whatsoever for its failure to continue the Specific Giveaway or award any prize pursuant to the Specific Giveaway as a result of any Force Majeure event or occurrence.
Disputes and Jurisdiction
Disputes regarding these terms will be governed by the internal laws of the State of Florida. Decisions of Sponsor are binding and final. No Entrant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental, or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.