OBAGI MEDICAL CANADA “SUMMER GIVEAWAY #1” GIVEAWAY

OFFICIAL RULES

(the “Rules”)

 

NO PURCHASE NECESSARY TO ENTER OR WIN.

 

  1. GIVEAWAY PERIOD AND SPONSOR. The OBAGI MEDICAL CANADA “SUMMER GIVEAWAY #1” (the “Giveaway”) is sponsored by Sciences de la peau Crescita Inc./ Crescita Skin Sciences Inc. (the “Sponsor”). The Giveaway is in no way sponsored, endorsed, administered by or associated with Instagram. The Giveaway begins on July 1st, 2024, at 12:30:00 PM Eastern Daylight Time (“EDT”) and ends on July 26, 2024, at 12:29:59 PM EDT (the “Giveaway Period”). The clock used by Sponsor to compute the Entries (as such term is defined below) will be the official clock to determine the date and time of receipt of an Entry.

 

  1. ELIGIBILITY. The Giveaway is open only to individuals who are legal residents of Canada and have reached the age of majority in the province or territory in which they reside (each a “Participant”and, collectively, the “Participants”).

 

The following persons cannot participate in the Giveaway: officers, directors, shareholders, employees, agents and/or representatives of Sponsor or its affiliates or related companies, advertising agencies, licensees, franchisees, partners, retailers, distributors and/or any other party related to the Giveaway, as well as the members of their immediate family (father, mother, sisters, brothers, children and their respective spouses, regardless of where they reside), legal or common-law spouse, and all individuals with whom these individuals are domiciled, whether or not these persons are related to each other.

 

3.PARTICIPATION. NO PURCHASE NECESSARY. Internet access and a valid Instagram account are required. Posting on Instagram generally requires a mobile device and therefore message and data rates may apply.

 

During the Giveaway Period, the Participant must complete all the following steps to enter the Giveaway: (i) Follow the official @obagi_canada Instagram account, (ii) like and repost the official Giveaway post and (iii) mention in the comments 2 persons. By doing so, the Participant will obtain one (1) entry into the Giveaway.

 

All entries in the Giveaway will be referred each as an “Entry” and collectively, as the “Entries”.

 

All Entries must comply with Section 4 of these Rules as well as with Instagram terms of use, available at: https://help.instagram.com/581066165581870. The Participant must submit each Entry personally. Participants may only use one (1) Instagram account in connection with this Giveaway. Multiple Participants are not permitted to share the same Instagram account. All Entries must be received during the Giveaway Period. Sponsor is not responsible for late, undelivered or invalid Entries, which will be disqualified. Entries become the exclusive property of Sponsor and will not be returned or acknowledged. If you do not have an Instagram account, creating one is free.

 

Any attempt by any Participant to use multiple/different email addresses, social media accounts, identities, registrations and logins, or any other methods will void that Participant’s Entries and that Participant may be disqualified within Sponsor’s sole discretion. Use of any automated system (including but not limited to, Entries submitted using any robot, script, macro, or other automated service) to participate is prohibited and will result in disqualification. In the event of a dispute as to the identity of any person who submitted an Entry, the authorized account holder of the social media account used to enter will be deemed to be the Participant and must comply with these Rules. The “authorized account holder” is the natural person assigned to a social media account by an Internet access provider, online service provider or other organization responsible for assigning social media accounts for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.

 

  1. ENTRY.All Entries or any content related to an Entry, including, without limitation, Participant’s comments, images, video, name, likeness, social media handles, profile images, and other account information (collectively, the “Participant Content”) must not contain anything that (i) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil or legal liability; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, fanaticism, bigotry, racism, hatred, harassment or harm against any individual or group (which include, but are not limited to, race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language); (v) is violent or threatening or promotes violence or actions that are threatening to any other person; (vi) promotes illegal or harmful activities or substances; (vii) contains information or content displaying names, images, any resemblance, voices or other identifying factor of a third person (living or dead), such as personal names, email addresses or postal addresses, including but not limited to, those of celebrities or other public figures or individuals, living or dead; (viii) uses trademarks, logos, trade names or source indicators belonging to third parties; or (ix) in Sponsor’s sole discretion: insults, attacks, harasses, intimidates, threatens, degrades or pretends to be someone else; contains "hate speech" based on members of certain categories targeting an individual or a group; targets minors; or promotes products or services prohibited to minors, or which are considered dangerous or inappropriate; contains adult content, including nudity, descriptions of people in explicit or suggestive positions, or activities that are excessively suggestive or sexually provocative; contains content that is shocking, sensational or disrespectful, or that displays excessive violence; is otherwise obscene, offensive or inappropriate; or offers a link to or promotes a website; or otherwise makes available any unsolicited or unauthorized advertising, commercial presentation, promotional material, garbage mail, spam, pyramid scheme or any other form of solicitation.

 

By submitting your Entry, you grant Sponsor, its related companies and their respective promotional agents, an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, assignable, free and royalty-free license to access the Participant Content, to use it, distribute it, execute it, reproduce it, display it, publish it, present it, transmit it, modify it, edit it, reformat it, translate it, create derivative works from it or grant sub-licenses relating to the Participant Content, and this, in order to exercise any other exclusive right associated with such Participant Content, on or in any type of support or media, now known or developed in the future, for all purposes including, but not limited to, for marketing and promotional purposes related to Sponsor and other interested parties (collectively, the “Granted Rights”). Without limiting the generality of the foregoing, and for the purpose of certainty, you expressly acknowledge and accept that the Granted Rights include the following rights:

 

(i) the right to use the Participant Content, in whole or in part, in any media, including but not limited to broadcast media (for example, television, radio and the web), and in any form and for any purpose, in particular by using your image or a representation of yourself in printed form, such as for the purposes of advertising and marketing campaigns which could involve the use of the Participant Content as part of promotional material, billboards, scoreboards, rink tape boards, brochures, television or radio advertising messages, print ads, promotional videos, online posting on websites or on social media as well as interactive environments and activations; and

 

(ii) the right to use your name and physical attributes (in any format) in relation to or as part of the Participant Content.

 

IN OTHER WORDS, BY SUBMITTING THE PARTICIPANT CONTENT, YOU ACKNOWLEDGE AND AGREE THAT THE PARTICIPANT CONTENT MAY BE USED FOR ANY PURPOSE AND SEEN BY THE PUBLIC.

 

  1. PRIZES. There is a total of one (1) prize to be won in the contest.

 

- A $50 discount code for use at www.obagi.ca

 

The Prize and its components must be accepted as awarded and cannot be transferred, substituted for another prize or exchanged, in whole or in part, for money, unless otherwise agreed to by Sponsor. Sponsor reserves the right to substitute the Prize by a prize of equivalent or greater monetary value if Sponsor is unable to award the Prize as described. Sponsor disclaims any warranty, representation or guarantee express or implied by fact or in law in relation to the Prize, including but not limited to its quality, condition and effects, except where prohibited by law. Any other associated costs or expenses not specifically described above will be the responsibility of the selected Winner, as this term is defined below. The Prize shall be selected by the Sponsor in its sole discretion and may vary from photos used in advertising or promotional materials (including, but not limited to, print advertising and electronic and web banner advertising). All Prize details are at Sponsor’s sole discretion.

 

Limit: maximum of one (1) Prize per Participant for the entire Giveaway.



  1. SELECTION. On July 26, 2024, at the Organizer's offices located at 2805 Place Louis-R.-Renaud, Laval, Quebec H7V0A3, at approximately 12:30 p.m. EDT, one (1) entry will be randomly selected from all eligible entries received during the Contest Period as being eligible to win a prize. Odds of winning a prize depend on the total number of eligible entries received during the Contest Period.

 

  1. NOTIFICATION, PRIZE CLAIM CONDITIONS AND PRIZE DELIVERY.The potential winner of a Prize will be announced via a story posted by the Sponsor on Instagram and notified via a direct message sent to him/her by the Sponsor on Instagram on the same day as the selection. By entering the Giveaway, Participant consents to publication and notification by Sponsor in this manner. In the event that, for any reason, a selected Participant does not contact Sponsor within the twenty-four (24) hours following the direct message notification, the selected Participant will be disqualified, and Sponsor may, at its sole discretion, proceed to a new draw among all remaining eligible Entries received to identify another potential winner who will be subject to disqualification in the same manner.

 

To be declared a winner, a selected Participant must: (i) respond to the direct message selection notification within the time period described herein; (ii) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question administered at a mutually agreeable time within the twenty-four (24) hours following the direct message notification by Sponsor, and this via a direct message on Instagram; (iii) provide by way of a direct message to the Sponsor on Instagram, within the twenty-four (24) hours following the direct message notification by Sponsor, the two (2) valid Canadian addresses to which the Prize may be sent; (iv) otherwise comply with these Rules. By meeting all these requirements, the selected Participant will be declared a “Winner” of the Giveaway.

 

If a selected Participant fails to: (i) correctly answer the skill-testing question, (ii) provide the two (2) valid Canadian addresses to which the Prize may be sent within the prescribed time or (iii) otherwise comply with these Rules, the Prize will be forfeited and may be awarded to an alternate Participant, who will be subject to disqualification in the same manner.

 

The prize will be sent by direct message on Instagram within 3 days.

 

  1. LIMITATION OF LIABILITY AND RELEASE. By entering the Giveaway, all Participants release and hold harmless Sponsor, Meta Platforms, Inc., Instagram LLC, as well as their respective parent, affiliates or related companies, advertising agencies, licensees, franchisees, partners, retailers, distributors and each of their respective officers, directors, shareholders, employees, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all claims, cause of action, or liability, including, without limitation, any injury, death or damage to or loss of property, resulting from the Giveaway, including but not limited to, the entry process or participation in the Giveaway or acceptance, use or misuse of a Prize or use of the Participant Content as authorized herein, the whole within the limits of applicable law.

 

Without limiting the generality of the foregoing, the Releasees shall not be liable for any: (1) incorrect or inaccurate information, whether caused by Participants or otherwise; or an error related to the programming of the Giveaway; (2) technical failures of any kind, such as in particular, hardware or software errors; faulty computer; any malfunctions, inaccessibility of Instagram or Sponsor’s website in whole or in part for any reason; service interruptions or disconnections of wireless or Internet networks, telephone lines; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; (3) unauthorized human intervention at any stage of the Giveaway entry process or participation; (4) technical, mechanical, network, typographical, printing, human or other errors or problems which may occur in the administration of the Giveaway or in the processing of Entries or in the announcement of the Prizes or in any Giveaway-related materials; or (5) any harm or prejudice suffered by persons, or any material damages resulting from participation in the Giveaway or acceptance, use or misuse of a Prize. If for any reason, it is confirmed that a Participant’s Entry was deleted, lost, or otherwise destroyed or corrupted by error, the only remedy which the Participant is entitled to is requesting to obtain another Entry to the Giveaway, if possible.

 

INSTAGRAM (Instagram, LLC) and OBAGI MEDICAL CANADA (Sciences de la Peau Crescita Inc./ Crescita Skin Sciences Inc.) are registered trademarks respectively owned by the aforementioned entities and remain their exclusive property. Sponsor is not affiliated with Instagram, LLC or Meta Platforms, Inc. This Giveaway is in no way authorized, sponsored, administered, or endorsed by Instagram, LLC or Meta Platforms, Inc., their parent companies, subsidiaries, establishments or their respective operating entities.

 

  1. PRIVACY. Sponsor and its authorized agents will collect, use, and disclose the personal information provided by Participants at the time of Entry to the Giveaway for the purposes of administering the Giveaway and Prize fulfillment. Each Winner consents to Sponsor’s use of the Winner’s name, Participant Content, city, voice, image and/or statements related to his/her Prize for publicity purposes in any manner or media including the internet, at any time, in perpetuity, without compensation. Each winner also consents to be subscribed to the Sponsor's newsletter.

 

Please refer to our privacy policy for more information about how we manage your personal information: https://Obagi Medical Canadaskincare.com/policies/privacy-policy.

 

  1. RIGHT TO MODIFY/SUSPEND/TERMINATE.If, for any reason, at Sponsor’s sole discretion, the Giveaway is not capable of running as planned, Sponsor reserves the right to cancel, terminate, modify or suspend this Giveaway, in whole or in part, without notice or obligation.

 

Without limiting the generality of the foregoing, if the Giveaway, or any part thereof, is impaired in any way for any reason or is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sponsor, corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Giveaway, Sponsor may, in its sole discretion, void any Entry and: (a) terminate the Giveaway, or any portion thereof; (b) modify or suspend the Giveaway, or any portion thereof, in order to address the impairment and then resume the Giveaway, or relevant portions thereof, in a manner that best conforms to the spirit of these Rules; and/or (c) award the Prizes from among the non-suspect, eligible Entries received up to time of such action in accordance with a fair and adequate selection or as otherwise deemed fair and appropriate by Sponsor.

 

  1. GENERAL CONDITIONS.Sponsor reserves the right, in its sole discretion, to disqualify from this Giveaway any person who Sponsor deems or becomes aware has tampered with the entry process or the operation of the Giveaway, Instagram, or Sponsor’s website(s) or social media accounts, who does not comply with these Rules or acts in a manner that goes against the spirit of the Giveaway or adversely or with the intent to disturb, insult, threaten, intimidate or harass any other person. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE INSTAGRAM, OR SPONSOR’S WEBSITE(S) (OR A SITE LINKED THERETO) OR SOCIAL MEDIA ACCOUNTS OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Except where prohibited by law, you agree that (i) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded (“Disputes”) shall be resolved individually, without resort to any form of class action; and (ii) all Disputes must be resolved before the Courts of Quebec sitting in the City of Montreal, Quebec, Canada and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. You agree that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and under no circumstances will you be permitted to claim or obtain, and YOU HEREBY WAIVE ALL RIGHT TO CLAIM INDIRECT, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.

 

All decisions rendered by the Sponsor are final and without appeal. The Giveaway is subject to all applicable federal, provincial and municipal laws. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision contained herein. If any provision of these Rules is determined to be invalid or otherwise unenforceable, then the Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The paragraph headings are used for reference purposes only and shall not affect the interpretation of the Rules.

 

  1. RESIDENTS OF QUEBEC ONLY.Any litigation respecting the conduct or organization of a publicity Giveaway may be submitted to the Régie for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.