Sweepstakes, Giveaways, and Refer-A-Friend
Spiritú Giveaways & Sweepstakes Terms and Conditions
Spiritú, Inc. (“Spiritú”) runs sweepstakes, contests, promotions, and/or giveaways from time to time (“Sweepstakes”) for participants to win products and/or prizes. Your participation in a Sweepstakes will be subject to and governed by the terms and conditions set forth below, and, if and as applicable, the rules of each individual Sweepstakes (collectively, the “Official Rules”).
To the extent social media channels, including TikTok, Instagram, Facebook, YouTube, or Snapchat have their own promotion rules too, those rules will be in addition to the Official Rules. Spiritú does not control those additional rules, which are posted on each social media platform’s site.
As an overview, and unless otherwise stated for a particular Sweepstakes, here are the short form principles of the Official Rules:
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO WIN A SWEEPSTAKES.
- Sweepstakes are open to legal residents of the United States and Puerto Rico.
- To enter a Sweepstakes, you must be 18 years or older.
- Sweepstakes are void where prohibited.
- Sweepstakes winners are randomly selected amongst all other entries in that Sweepstakes.
- Sweepstakes must be entered in a specific timeframe. The beginning and end of the contest will be stated for each individual Sweepstakes.
To participate in a particular Sweepstakes, entrants submit content and/or information (each submission, an “Entry” or collectively, “Entries”) according to the specifications described for the individual Sweepstakes. From all Entries received by the Sponsors, one or multiple Entries, as the particular Sweepstakes may specify, will be chosen as the winners.1. Eligibility.
Unless otherwise specified for a particular Sweepstakes, Sweepstakes are open to legal residents of the fifty (50) United States, the District of Columbia, and Puerto Rico who are at least eighteen (18) years old at the time of entry (“Entrants”). Employees of Sponsor and their immediate family members and/or those living in the same household are not eligible. Sweepstakes are subject to federal, state, and local laws and regulations.
No purchase is necessary to participate in any Sweepstakes.
2. Agreement to Official Rules.
Participation in a Sweepstakes constitutes Entrants’ full and unconditional agreement to and acceptance of the Official Rules and the decisions of the Sponsor(s), which are final and binding. Winning a prize is contingent upon being compliant with the Official Rules and fulfilling all requirements set forth herein and in the rules for a particular Sweepstakes.
3. Sweepstakes Period.
The Sweepstakes begins and ends on the dates and times as specified for the particular Sweepstakes (the “Sweepstakes Period”). No Entries will be accepted in any Sweepstakes before the Sweepstakes Period begins or after the Sweepstakes Period ends. Sponsor reserves the right to change, modify, or extend the Sweepstakes Period if it should be deemed necessary. Sponsor reserves the right to suspend or cancel the Sweepstakes at any time.
4. How to Enter.
Sweepstakes may be available on a Sponsor website or on a website or other platform operated by one or more third parties (such website or platform, the “Service”), as stated in the applicable Sweepstakes rules. An Entrant may enter the Sweepstakes in accordance with the following requirements:
- Submission of Entries. Entry will be available only by visiting or using the Service during the Entry Period and following the directions required for an Entry. The Service is subject to limitations, delays, and other problems inherent in the use of electronic communications, and Sponsors are not responsible for such issues.
- Number of Entries. There will be a limit of one (1) entry per person for the duration of the Sweepstakes Period, unless otherwise stated in the particular Sweepstakes rules. Entries received in excess of the stated limitation will be void.
- No Purchase Required To Enter. There is no cost to enter a Sweepstakes. NO PURCHASE IS NECESSARY.
- Type of Award. The particular Sweepstakes rules shall specify the prize to be awarded (“Prize”).
- Number of Prizes. The particular Sweepstakes rules shall specify whether there is to be one Prize awarded, or multiple Prizes.
- Fulfillment of Prizes. Sponsors may engage a third party to supply and fulfill the Prize for a Sweepstakes (the “Prize Supplier”). The Prize Supplier shall be specified in the particular Sweepstakes rules, as applicable. In the event a Prize Supplier is utilized for a Sweepstakes, such Prize Supplier shall be solely responsible for the content of the Prize and the fulfillment thereof to the Winner.
- Prizes are not transferable, redeemable for cash or exchangeable for any other prize.
- Sponsor makes no warranty with respect to any Prize and at all times reserve the right to substitute a prize of equal of greater value.
- Selection. Unless otherwise specified for a particular Sweepstakes, all Potential Prize Recipients (as defined below) will be chosen by random chance drawing.
- Winners. In each Sweepstakes, Sponsor will choose one prize winner (“Prize Winner”) from the eligible Entrants. If specified in the particular Sweepstakes rules, certain Sweepstakes may have more than one Prize Winner (each a “Potential Prize Recipient” and collectively, the “Potential Prize Recipients”).
- Notification; Conditions of Receipt. The Potential Prize Recipient(s) will be notified by email or, if applicable to the particular Sweepstakes, through their social media account. If a Potential Prize Recipient cannot be contacted, the Potential Prize Recipient forfeits the applicable prize. Potential Prize Recipients must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements herein. In the event that a Potential Prize Recipient is disqualified for any reason, Sponsor may award such Prize to an alternate Entrant via another random chance drawing, though it is under no obligation to do so.
Entrants hereby grant to Sponsor a royalty-free license to use his/her Entry in any manner the Sponsor deems necessary, reasonable and/or appropriate, in connection with the advertising, marketing and promotion of the Sweepstakes and throughout the Service. Entrant hereby expressly consents to the use of his/her personal information or other information, such as name, voice or likeness, in advertising, promotional and marketing materials, including identification as the Prize Winner.8. Representations and Warranties of Entrant.
In connection with the submittal of each Entry in the Sweepstakes, each Entrant hereby represents and warrants to Sponsors that: (a) Entrant has the full power and authority to deliver its Entry in compliance with the Official Rules; (b) the Official Rules are a legally valid and binding obligation of Entrant; (c) Entrant is the rightful owner of any and all information he/she submits with an Entry; and (d) the Entry submitted by Entrant does not contain any known trojan horses, viruses, worms, “lock-up” codes, protecting codes or other internal devices or mechanisms which are intended to halt, disrupt, restrict or grant improper access to the Service, Sponsors’ systems, or disrupt the Entries of others.9. General Conditions.
In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsors in their sole and absolute discretion, the Sponsors may, in their sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible, non-suspect Entries received in such Sweepstakes up to the time of the impairment. The Sponsors reserve the right in their sole discretion to disqualify any Entrant they find to be tampering with the entry process or the operation of a Sweepstakes or to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the Service or undermine the legitimate operation of a Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages (including attorneys’ fees) and any other remedies at law and in equity from any such person to the fullest extent permitted by law. Failure by Sponsors to enforce any provision of the Official Rules shall not constitute a waiver of that provision.
10. Release and Limitations of Liability.
By participating in the Sweepstakes, Entrants agree to release and hold harmless each Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prizes (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the cancellation or postponement of the event, if applicable, the incorrect downloading of the application, the processing of Entries, application downloads or in any Sweepstakes-related materials; (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or acceptance, receipt or misuse of the Prize (including any travel or activity related thereto); or (g) force majeure or acts beyond the reasonable control of Sponsors, including but not limited to acts of terrorism, earthquakes, acts of God, war, weather, labor shortages or disputes, embargo, riot, acts or omissions of vendors or suppliers, governmental act, or other acts beyond the reasonable control of Sponsors. Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the entrant be entitled to receive attorneys’ fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
12. Use of Information; Privacy.
SPIRITÚ X HBO BOX GIVEAWAY
1. The Spiritú x HBO Box Giveaway (the “Sweepstakes”) begins at 9am Pacific Time (“PST”) on February 14, 2021 and ends 11:59 p.m. PST February 16, 2021 (the “Sweepstakes Period”).
2. ELIGIBILITY: Open to legal residents of the 50 United States, the District of Columbia, and Puerto Rico, 18 years of age or older as of date of entry.
3. HOW TO ENTER: During the Sweepstakes Period, @myspiritu will post a photo on Instagram (the “Site”) announcing the Sweepstakes (the “Post”). You may enter on your web-enabled mobile device using the Site by following the instructions in the Post to like the post, follow @myspiritu, follow @hbolatino, and tag at least one (1) friend in the comments section of the Post and fill out the submission form at the link provided in the Post to gain one (1) entry (“Entry” or “Submission”) into the Sweepstakes drawing. Entry must follow all instructions listed in the Post to be eligible. To enter, you must have an Instagram account, be a @myspiritu follower, and be a @hbolatino follower. If you do not have an Instagram account, and you would like to create one for free, download the free Instagram app to your mobile device at either the Apple® App Store or the Google® Play store. Potential winner may be required to show proof of being the authorized account holder of the Instagram account associated with the Entry. Limit one (1) Entry per person. Normal Internet access, phone/usage charges imposed by your online/phone service will apply. All Entries become property of Spiritú, Inc.
4. DRAWING: At the conclusion of the Sweepstakes Period, one (1) winner who submitted eligible Entries will be selected. The drawing will be conducted by Spiritú, Inc., whose decisions are final on all matters relating to the Sweepstakes. Odds of winning the prize are dependent upon the timing and number of eligible Entries received during the Sweepstakes Period. Prize will be awarded to the selected winner. Winner will be notified by direct message on Instagram (as further described below). Prize is nontransferable and no cash substitution is allowed. Winners, prize recipients and all entrants, as a condition of entry into the Sweepstakes (or receipt of prize), agree to release and forever discharge, covenant not to sue, and hold harmless Spiritú from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use of the prize awarded, or any typographical or other error in these Official Rules or the announcement or offering of the prize.
5. PRIZE: Prize (1 total): Spiritú x HBO Limited Edition Box, with 1 Woven Futures shawl, 1 Raspberry Room Aromatherapy Eye Mask, 1 Spiritú Cooling Anti-Stress Essential Oil Roll-On, and 1 'Badass Muses' by Beatriz Luengo. Acceptance of Prize constitutes permission for the Sponsor and its agencies to use winner’s/prize recipients’ names, photos and/or likenesses and Entry for purposes of advertising and trade without further compensation, including a winner list, unless prohibited by law. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsors and must be used on date specified. Winners are responsible for all federal, state and local taxes and all other costs and expenses associated with his/her portion of the prize not specified herein as being awarded. No transfer, substitution or cash equivalent permitted by winner/prize recipient.
6. GENERAL RULES/WINNER NOTIFICATION: The Prize winners will be contacted via direct message on Instagram. Failure to respond may result in disqualification and selection of an alternate winner in the manner provided above. By entering in the Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of Spiritú. Spiritú is not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the Entries. The Sponsors reserve the right at their sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process/pick up of gift cards or the operation of the Site; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Entries generated by script or bot are not eligible. In the event of a dispute as to the identity of an entrant, the authorized account holder of the Site account submitted at the time of Entry will be deemed to be the entrant. "Authorized account holder" of a Site account is defined as the person who is responsible for joining the Site and who manages the e-mail address associated with the Site Account. Spiritú reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes if it is not capable of running as planned, including, but not limited to, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures or any other problems beyond the control of the Sponsor and award the Prize from among all eligible Entries received prior to cancellation, if any. Prize winner, prize recipients and all entrants, as a condition of entry into the Sweepstakes, agree to release and hold harmless Sponsor and its Administrators and each of their respective affiliates, officers, directors, agents, and employees from any liability or responsibility for any claim arising in connection with participation in the Sweepstakes, pick up of gift cards or Prize awarded. Prize winner and prize recipients assume all liability for any injury or damage caused, or claimed to be caused, by participation in the Sweepstakes, the receipt, ownership or use of Prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the Prize. Void where prohibited and subject to all federal, state and local laws. Spiritú is not responsible for any typographical or other error in the printing of the Sweepstakes materials or the offering or announcement of the Prize. As a condition of entering the Sweepstakes, entrant agrees that: 1) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with the Sweepstakes or the Prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event, attorneys’ fees. You hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents.
7. WINNER: For the name of the winner, available after March 1, 2021, send a stamped, self-addressed envelope postmarked by April 1, 2021 to: Spritú, Attn: Spiritú x HBO Box Giveaway - Winner, 730 Arizona Ave., Santa Monica, CA 90401.
8.SPONSOR/ADMINISTRATOR: The Sponsor and Administrator of this Sweepstakes is Spiritú, Inc. 730 Arizona Ave., Santa Monica, CA 90401. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook, or Twitter. You understand that you are providing your information to Spiritú, Inc.