*The Official Rules of this Contest were revised on October 24, 2024.
NO PURCHASE NECESSARY. INTERNET ACCESS AND A PUBLIC TIKTOK ACCOUNT OR PUBLIC INSTAGAM ACCOUNT ARE REQUIRED TO ENTER. CONTEST IS VOID OUTSIDE THE UNITED STATES, THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION.
BY SUBMITTING AN ENTRY, YOUR ENTRY MATERIALS, AS DEFINED BELOW, MAY BE INCLUDED IN SPONSOR’S COMMERCIAL MATERIAL, AS WELL AS AT SPONSOR’S WEBSITE OR SOCIAL MEDIA PLATFORMS.
This Contest is in no way sponsored, endorsed or administered by, or associated with TikTok and Instagram. By submitting an Entry, you understand that you are submitting your information to Sponsor. By entering the Contest, each Entrant (as defined below) waives, discharges and releases TikTok and Instagram from any and all liability associated with the Contest. Any questions, comments or complaints regarding the Contest must be directed to Sponsor and not to TikTok or Instagram.
SPONSOR: EOS PRODUCTS, INC., 19 West 44th Street, New York, NY 10036 (the “Sponsor”).
ADMINISTRATOR: PCG365, LLC, P.O. Box 1008, Manhasset, NY 11030 (the “Administrator”)
TIMING: The EOS Beetlejuice Contest (“Contest”) begins at 12:00 AM Eastern Daylight Savings Time (“EDT”) on October 14, 2022 and will end at 11:59:59 PM EDT on October 30, 2022 (“Contest Period”).
ELIGIBILITY: This Contest is open to legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years of age or older at the time of entry (individually defined as “Entrant” and collectively defined as “Entrants”). Employees, officers, and directors of Sponsor, Administrator and each of their parent and affiliated companies, subsidiaries, distributors, retailers, dealers, sales representatives, their advertising and promotion agencies, and any and all other companies associated with the Contest (collectively, the “Contest Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. Sponsor’s database clock will be the timekeeper for this Contest.
*HOW TO ENTER: To enter the Contest, you must have: (i) an active and public TikTok account or sign up for a free TikTok account at www.tiktok.com or have an active and public Instagram account or sign up for a free Instagram account at www.Instagram.com; (ii) Follow BeetlejuiceBway on TikTok or Instagram; (iii) Follow EOS Products on TikTok or Instagram; (iv) “Duet” the Sponsor’s designated Beetlejuice post on TikTok.com with your Beetlejuice-ifed eos lip balm on TikTok using the hashtag #eosxbeetlejuicebwaycontest or “Remix” the Sponsor’s designated Beetlejuice post on Instagram with your Beetlejuice-ifed eos lip balm on Instagram using the hashtag, #eosxbeetlejuicebwaycontest. during the Contest Period (i, ii, iii and iv, individually defined as “Entry” and collectively defined as “Entries”). Purchase of any BeetlejuiceBway or EOS product is not required for Entry. All Entries must use the designated hashtag #eosxbeetlejuicebwaycontest to qualify as an Entry. Any Entry that does not include the designated hashtag will be deemed void.
Please do not include any logos or images in the Entry unless you have obtained all of the rights necessary to permit you to use same in connection with your Entry and grant the rights herein granted to Sponsor and Administrator. No mechanically or programmatically reproduced Entries are permitted. Sponsor and Administrator will not verify receipt of Entries for Entrants. Entries submitted by Entrant who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
ENTRY RESTRICTIONS: Entries may not contain, as determined by Sponsor’s sole discretion, any Entry that:
By entering the Contest and submitting an Entry, each Entrant grants Sponsor and the Contest Entities (1) a worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, paid up royalty-free license and right to edit, modify, publish, use, reuse, distribute, display, copy and otherwise exploit the Entry or any part thereof (with or without the entrant’s name and city/state), and any materials based thereon or derived therefrom, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging, production of any merchandise to be sold commercially and point-of-sale materials, or for promotion, marketing or advertising of Sponsor, or any Contest Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant, except where prohibited by law. This license expressly includes a right (but not the obligation) for Sponsor to modify the Entry, or to remove any third-party intellectual property. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which Sponsor deem(s) necessary or desirable, and Entrant irrevocably waives any and all so-called moral rights they may have therein; Each Entrant (2) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; (3) certifies that the Entrant is the creator and sole copyright owner of the Entry; (4) the Entry has not been previously published, and has not won previous awards, does not incorporate any material owned by any third party; and (5) the use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor may disqualify the Entry. In addition, each Entrant forever waives in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein or require Entrant’s permission to use the Entry (or any part thereof) for the purposes stated herein. Sponsor reserves the right to request releases from any third parties appearing in any Entries or any further releases, which may be required from Entrant. Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor, is its sole and absolute discretion.
By posting the Entry on TikTok.com or Instagram, each Entrant consents to receive from the Sponsor an TikTok direct message or an Instagram direct message notifying him/her if he/she is a potential winner. Entrants will be required to have a public TikTok account or a public Instagram account and accept a “follow” request by EOS Products to receive a direct message. Entries posted by a TikTok account or an Instagram account that is not public will be disqualified. Limit one (1) Entry per person, regardless of the number of TikTok accounts or Instagram accounts the Entrant uses. Use of automated entry or similar devices as defined herein but not limited to, aggregator sites and or provided links, or contracted services, which are used to participate, “game” or subvert the Entry process is prohibited and all postings submitted or otherwise effectuated through such devices are void and will not be honored in any way. Persons found tampering with or abusing any aspect of the Contest, or whom Sponsor believes to be causing malfunction, error, fraudulent activity of any kind, disruption or damage will be disqualified from the Contest. Sponsor reserves the right to void any Entry that is posted through robotic, automatic, mechanical, programmed or similar duplication method, or posted through any third-party website, and to disqualify any Entrant using such a method. Sponsor is not responsible for any lost, late, stolen, delayed, illegible, incomplete, mutilated, mis-addressed or misdirected Entries. Incomplete, inaccurate, unintelligible or late Entries submitted which otherwise do not comply with these Official Rules will be deemed void. All Entries become the property of the Sponsor and will not be acknowledged or returned and Sponsor reserves the right to dispose these Entries at its sole discretion. By posting your Entry and including the designated hashtag, constitutes your consent to participate in this Contest and your consent for Sponsor to contact you for the purpose of administering this Contest and for other uses by Sponsor as permitted by these Official Rules and by applicable law.
The Contest Entities are not responsible for any problems or technical, hardware, or software malfunctions of any 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 Contest, computer online systems, servers or providers, computer or other electronic equipment, software, failure of any e-mail 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 social media site, or any combination thereof, including, without limitation, any injury or damage to Entrant or any other person’s computer or other electronic device relating to or resulting from participating in this Contest or uploading/downloading any materials in connection with this Contest. By submitting an Entry, each Entrant agrees to abide by the terms of these Official Rules.
BY ENTERING THIS CONTEST AND SUBMITTING AN ENTRY USING THE DESIGNATED HASHTAG, YOUR ENTRY MATERIALS AS DEFINED HEREIN, MAY BE INCLUDED IN SPONSOR’S COMMERCIAL MATERIAL, AS WELL AS AT SPONSOR’S WEBSITE OR SOCIAL MEDIA PLATFORMS ASSOCIATED WITH SPONSOR OR BEETLEJUICE BROADWAY OR ANY OTHER MEDIA AT IT’S SOLE DISCRETION. Sponsor has no obligation to use or post any Entry submitted by any Entrant. The use of an Entry by Sponsor or any Contest Entity does not have any effect on the winner selection process.
Use of a mobile device to participate in this Contest is not required. If you use a mobile device to post an Entry, message and data rates may apply, and Entrants will be solely responsible for any and all applicable charges. Please consult your wireless-service provider regarding its pricing plans.
DIGITAL MILLENNIUM COPYRIGHT ACT: Once an Entry is submitted into the Contest, any such posting will be deemed made at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH ENTRY BY SPONSOR. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Entry.
JUDGING CRITERIA: All Entries will first be screened to ensure they meet the Entry requirements. Entries will be judged by the Sponsor (collectively, “Judges”) and one (1) Grand Prize Winner will be determined based upon earning the highest point total using the following criteria stated herein and one (1) First Prize Winner will be determined based upon earning the second highest point total using the following criteria stated herein: (i) Originality/Creativity (0-50 points); and (ii) Enthusiasm (0-50 points) (i and ii, collectively “Judging Criteria”). Decisions of the Judges will be final and binding on all matters. In the event of a tie, the Entries involved in the tie will be re-judged by an additional qualified judge who will serve as a tiebreaker and who will evaluate the tied Entries according to the Judging Criteria listed above. In the event an insufficient number of Entries are received (as determined by the Sponsor in its sole discretion), less than two (2) winners may be selected or, at the sole discretion of the Sponsor, this Contest may be cancelled or the Sponsor may take such other actions as it deems reasonable in the circumstances.
PRIZE WINNER VERIFICATION: Receiving a prize is contingent upon compliance with these Official Rules. Sponsor will attempt to notify the selected winners (“Prize Winners”) by TikTok direct message or Instagram direct message on or about October 31, 2022. Each selected Prize Winner will be required to sign and return a Declaration of Compliance or similar documentation and where permitted, a Publicity Release, which must be received by Administrator by November 7, 2022, in order to claim the prize. Non-compliance with any of these Official Rules may result in disqualification. A Prize Winner may be disqualified if (i) a prize winner notification is returned as undeliverable; (ii) a signed Declaration of Compliance is not received by Sponsor in a timely manner; (iii) a Prize Winner is ineligible; or (iv) a Prize Winner declines his/her prize. If a Prize Winner is disqualified, that prize will be awarded to the Entrant who earned the third highest point total using the Judging Criteria stated herein. In the event the Grand Prize Winner and/or the First Prize Winner is a minor, the parent or legal guardian of the Prize Winner will be required to sign and return the Declaration of Compliance. Sponsor is not responsible for fraudulent calls or emails made to Entrant not by Sponsor, or for any change of Entrant's TikTok account or Instagram account.
Each Prize Winner agrees that the Contest Entities may irrevocably use the Prize Winner’s name, voice, city/state of residence, photograph and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format including but not limited to Sponsor’s websites, social media platforms and any all media now or hereafter known without further compensation (financial or otherwise), permission or notification, and agrees to participate in any and all publicity and promotional activities as designated by Sponsor (except where prohibited by law) in connection with this Contest. In the event a selected Prize Winner’s personal social media content contains misleading claims about Sponsor and its products or services, that defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, or other people or companies; or communicates any message or image that is inconsistent with Sponsor’s positive image and/or good will with which Sponsor wishes to associate or contains content that violates any rule, law or regulation, the Sponsor reserves the right, at its sole discretion, to disqualify that prize winner.
TWO (2) PRIZES AND THEIR APPROXIMATE RETAIL VALUES (“ARV”): ONE (1) GRAND PRIZE: The Grand Prize consists of (i) one (1) trip for Grand Prize Winner and one (1) Guest to New York City, NY consisting of one (1) one thousand five hundred dollar ($1,500) Gift Card to purchase round trip economy class air transportation between major commercial airport nearest Grand Prize Winner’s residence and New York City, NY; two (2) nights in the Marquis Hotel Beetlejuice Suite; and two (2) tickets to Beetlejuice Broadway (“Grand Prize Trip”); (ii) one (1) Beetlejuice Bway merchandise bundle consisting of items designated by Sponsor; (iii) one (1) eos product bundle consisting of products designated by Sponsor; and (iv) two (2) eos Day-O Banana Balms (i, ii, iii, and iv, “Grand Prize”). The ARV of Grand Prize: up to $3,500; and ONE (1) FIRST PRIZE: The First Prize consists of (i) two (2) tickets to Beetlejuice Broadway; (ii) one (1) Beetlejuice Bway merchandise bundle consisting of items designated by Sponsor; (iii) one (1) eos product bundle consisting of products designated by Sponsor; and (iv) two (2) eos Day-O Banana Balms (i, ii, iii, and iv, “First Prize”). The ARV of First Prize: up to $550.
No transfer or assignment of any prize permitted except to a surviving spouse in the event of the death of that prize winner. Prize Winners are solely responsible for all taxes on prizes as applicable. Cash substitution of any prize is not allowed. Sponsor will not replace any lost or stolen tickets, travel vouchers, or gift cards once delivered to the Grand Prize Winner. Sponsor will not replace any lost or stolen tickets once Beetlejuice Broadway tickets are delivered to the Grand Prize Winner and the First Prize Winner. Seating at the Beetlejuice Broadway Show will be designated by Sponsor. The total ARV of all Prizes: up to $4,050. In the event the Beetlejuice Broadway Show is cancelled prior to a Winner’s show date, that portion of the prize will not be awarded; and no compensation will be provided in lieu of the canceled portion of the prize. LIMIT ONE (1) PRIZE PER PERSON. Sponsor will have no further obligation to any winner who forfeited his/her prize and will not replace any forfeited prize.
Grand Prize Winner will be required to provide Social Security number to Sponsor or its designated agent for tax reporting purposes. In the event the Grand Prize Winner is a minor, Grand Prize Winner’s parent or legal guardian must travel with Winner to New York City, NY. Grand Prize Winner is solely responsible for any and all expenses and incidental travel costs not expressly stated in the Grand Prize description herein, including but not limited to, ground transportation between winner’s residence and airport of departure, any and all meals and beverages and ground transportation in New York City, NY, in-room hotel charges (e.g., mini-bar, room service, telephone, movies, etc.), gratuities, souvenirs, insurance, travel upgrades, baggage fees, and personal incidentals. Grand Prize Winner will be required to provide a valid credit card or debit card at the time of hotel check-in and will be solely responsible for any and all incidental charges to winner’s hotel room during his/her Trip. All Grand Prize Trip details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Grand Prize Winner must complete the Grand Prize Trip by January 8, 2023. Grand Prize Winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, and security charges. Hotel arrangements must be made through Sponsor and travel dates and arrangements are subject to hotel accommodations and Beetlejuice Broadway ticket availability and other prize and travel restrictions. All Grand Prize Trip elements must be redeemed at the same time. The actual value of the Grand Prize may vary based on various factors, including fluctuations in price for tickets and/or accommodations, and distance between the point of departure and the destination. Grand Prize Trip may be subject to certain other restrictions, including without limitation blackout dates, availability, capacity controls, and other restrictions. Sponsor will attempt to accommodate Grand Prize Winner’s preferred travel dates, but all itineraries and specifics thereof will be at Sponsor’s sole discretion. No changes to travel arrangements will be permitted once any element of the Grand Prize Trip related travel is booked. Grand Prize Trip travel is subject to any additional terms and conditions set forth in these Official Rules and those set for by Sponsor’s lodging prize suppliers, availability may vary, and material restrictions may apply. No refund or compensation will be made if a flight is canceled or delayed. Any unclaimed and/or unused portion of the Grand Prize will be forfeited upon travel completion and will remain the property of Sponsor. Grand Prize Winner’s Guest must be available to travel on the same itinerary. Grand Prize Winner will not be awarded additional compensation if winner travels without an eligible Guest. Grand Prize Winner and his/her Guest must have a valid U.S. Government issued Identification in order to travel. Sponsor and Travel Providers shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, or other transportation companies or any other persons providing any of these services and accommodations to passengers, such as changes in services or accommodations necessitated by same. Sponsor and Travel Providers shall not be liable for any loss or damage to baggage or other items. If the Grand Prize Winner is unable to or cannot otherwise fully enjoy the Grand Prize Trip due to any reason, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of the Grand Prize Trip award, and no other compensation in lieu of the Grand Prize Trip will be awarded. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, The Centers for Disease Control and federal, state and local health departments, as required and if borders are closed due to COVID/any pandemic, Sponsor is not responsible. All travelers must agree to abide by the latest travel guidelines/requirements at time of travel. All travelers must also pass any required medical testing (at their own expense) and comply with any additional requirements, at any time, that may be required or recommended by any government agency, airline, or Sponsor, including without limitation, passing one or more COVID-19 antigen and screening tests, and testing negative for COVID-19 or having been vaccinated against COVID-19. Travelers may also be required to execute any assumption of risk and/or other documents relating to COVID-19 or he/she may not be permitted to travel. Sponsor, Administrator and the Contest Entities are not responsible for any theft, personal injury, illness and/or death that could take place during the Grand Prize Trip, including but not limited to exposure to viruses associated with the COVID-19 pandemic and other communicable diseases as required. Sponsor, Administrator and Contest Entities are not responsible for any theft, personal injury, illness and/or death that could take place during a Grand Prize Trip, including but not limited to exposure to viruses associated with the COVID-19 pandemic and other communicable diseases. Grand Prize Winner and his/her Guest are responsible for obtaining their own medical and life insurance and the associated costs. During the Grand Prize Trip, if the Grand Prize Winner and/or Guest engages or has engaged in behavior that is obnoxious, threatening, disruptive, inappropriate, illegal, or acts with the intent to annoy, abuse, threaten, or harass any other person, as determined by Sponsor in its sole discretion, Sponsor reserves the right to remove the Grand Prize Winner and his/her Guest from the Grand Prize Trip and to immediately terminate any outstanding portion of the Grand Prize without further compensation.
GENERAL CONDITIONS: Except as otherwise provided in these Official Rules or prohibited by law, by entering this Contest, each Entrant and Prize Winner: (1) agrees to release Sponsor from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death (except where caused by negligence) arising out of participating in this Contest, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (2) acknowledges that Sponsor has neither made nor are responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. In the event of a dispute as to the identity or eligibility of an Entrant based on a TikTok account or Instagram account, the prize winning Entry will be declared made by the “Authorized Account Holder” of the TikTok account or Instagram account at time of entry. “Authorized Account Holder” is defined as the natural person assigned to the TikTok account or Instagram account by the social media site. Sponsor may ask any Entrant or the prize winner to provide Sponsor with proof that such party is the Authorized Account Holder of the TikTok account or Instagram account associated with the Entry. All disputes and claims arising out of or relating to the Contest shall be determined according to the laws of New York without regard to its conflict of law principles and all Entrants’ and prize winners’ consent to the personal jurisdiction of the federal and state courts located in Manhattan in the State of New York and agree that such courts have exclusive jurisdiction over all such disputes. All causes of action arising out of or in connection with any Contest shall be resolved individually without resort to any form of class action litigation and any and all claims, judgments and awards shall be limited to actual out of pocket expenses incurred.
LIABILITY & RELEASE: Except as otherwise provided in these Official Rules or prohibited by law, by participating in this Contest, each Entrant and Prize Winner agrees to release and hold harmless Sponsor from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of Entries; or (f) injury or death to a person(s) (except where caused by negligence) or damage to property which may be result, directly or indirectly, in whole or in part, from Entrant’s or Prize Winner’s participation in the Contest or Prize Winner’s receipt, acceptance, use &/or enjoyment of any prize. Except as otherwise provided in these Official Rules or prohibited by law, by entering the Contest, each Entrant and Prize Winner agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Contest, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out‑of‑pocket costs incurred, including costs associated with applying for the Contest, but in no event will attorneys’ fees be awarded or recoverable; and (iii) under no circumstances will any Entrant or Prize Winner be permitted to obtain any award for, and each Entrant and Prize Winner hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out‑of‑pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Except as otherwise provided in these Official Rules or prohibited by law, Sponsor is not responsible for any typographical or other error in the printing of this Contest, the administration of the Contest or in the announcement of any Prize Winner, including such error as may give an erroneous indication that a prize has been won. Except as otherwise provided in these Official Rules or prohibited by law, by participating in the Contest and submitting an Entry, each Entrant and Prize Winner agrees to defend, indemnify and hold harmless the Sponsor from and against any and all claims, demands, liability, damages or causes of action (however named or described) losses, costs or expenses, with respect to or arising out of or related to Entrant’s and Prize Winner’s participation in the Contest. In the event the integrity and/or feasibility of the Contest is undermined by any event including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event), the Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate, cancel or terminate the Contest as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to distribute the prizes among all non-suspect, eligible Entrants received up to the time of such Force Majeure event. ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS 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. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Entrants and prize winners acknowledge that the releases herein are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
PERSONALLY IDENTIFIABLE INFORMATION/PERSONAL DATA: Entering into this Contest constitutes your consent for Sponsor to obtain and deliver your name, e-mail address and other information to the Administrator for the purpose of administering this Contest and for other uses by Sponsor as permitted by applicable law, including future use in marketing or advertising communications of Sponsor, or any Contest Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant or Prize Winner, except where prohibited by law. Entrant information provided to Administrator will solely be used by Administrator in process of determining winners for this Contest and will be destroyed thereafter.
USE OF DATA: Any personally identifiable information collected from Entrants and prize winners in the Contest will be collected by Sponsor or its designee and used by the Contest Entities and their affiliates, designees, agents and marketers for purposes of the proper administration of the Contest as described in these Official Rules and in accordance with Sponsor’s Privacy Policy as stated https://evolutionofsmooth.com/policies/privacy-policy.
WINNERS LIST: For a list of Prize Winners, available after November 15, 2022, send a self-addressed stamped envelope with proper postage affixed to: EOS Beetlejuice Contest Winners List, P.O. Box 1008, Manhasset, NY 11030. Requests must be received by January 31, 2023. Winners List will be available after all prize winners have been verified.
MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on any website, social media platform or application and/or the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
VOID WHERE PROHIBITED.