REMOVERY 5^th BIRTHDAY GIVEAWAY SWEEPSTAKES

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW. THIS IS A BINDING CONTRACT. YOUR PARTICIPATION IN THE PROMOTION, IN ANY MANNER, SIGNIFIES YOUR ACCEPTANCE AND AGREEMENT TO THESE RULES, THE TERMS OF USE, AND THE PRIVACY POLICY, IN WHATEVER FORM THEY MAY CURRENTLY EXIST. AS SUCH, PLEASE READ THESE OFFICIAL RULES IN ITS ENTIRETY.

The Removery 5^TH Birthday Giveaway Sweepstakes (the “Promotion”) is sponsored and operated by Removery, LLC, Removery (Aust) Pty Ltd (ABN 65 642 302 949), and Removery (Canada) Ltd (collectively, “Sponsor”). By entering into the Promotion, you agree to comply with and be bound by these Removery 5^th Birthday Sweepstakes Official Rules (“Promotion Rules”), The Removery Privacy Policy, the Removery Terms of Use and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Promotion. Entrants are prohibited from submitting an entry for a purpose other than entering the Promotion for the entrant’s personal benefit. Please review these Promotion Rules carefully. If you do not agree to the terms and conditions of these Promotion Rules in their entirety, you are not permitted to enter int the Promotion. If any entry or entrant is determined to be non-compliant with these Promotion Rules, said entry or entrant shall be disqualified. All federal, state, provincial, territorial, and local laws and regulations apply.

1. ELIGIBILITY: The Promotion is open only to individuals that are located in (1) Australia and are legal Australia residents, (2) located in Canada and are legal Canadian residents (except those located in Quebec), and (3) located in the United States and are legal United States residents residing in the contiguous United States and the District of Columbia, (except those located in Florida, New York, Rhode Island, Alaska, Tennessee, Ohio, US Territories (including, but not limited to, Puerto Rico and Guam) and where otherwise prohibited by law, (2) who are at least eighteen (18) years of age or older and (3) that can enter into legally binding contracts under applicable law. Entries received from persons residing outside of the eligible geographic areas, or where restricted or prohibited by law will be disqualified. The Promotion is expressly void for employees of Sponsor, Administrator (as defined below), and affiliates, subsidiaries and agencies, managers and members (“Promotion Parties”), and members of each of their immediate family or persons living in the same household.
2. HOW TO ENTER: Beginning on June 23, 2025 at 12:00 AM Eastern through June 30, 2025 at 11:59 Eastern (collectively known as the “Sweepstakes Period”), you can enter the Promotion through the following method:
   • post an Instagram Story (“Story”) featuring a tattoo they once believed was a personal expression or “vibe” but that no longer reflects their current identity or values (e.g., tattoos that are considered outdated or “cringe”, embarrassing, or representative of a past relationship).
   • Each Story must include a brief written explanation as to why the participant is now seeking or embracing tattoo removal.
   • tag the official @Removery Instagram account in the Story; and
   • include the hashtag #5IsAVibe in the Story caption.

All entries must be submitted during the Sweepstakes Period, regardless of method of entry. Sponsor is not responsible for late, lost, incomplete, inaccurate, mistyped, or misdirected entries or entries not received for any reason (including technical failure), and any such entries are void. Limit one entry per person. No purchase of Sponsor’s services will increase any entrant’s chance of winning a Prize.

3. PRIZE: The winner will receive a complete tattoo removal package (with an approximate retail value of $4,500) (“Prize”). No substitution, sale or transfer of a Prize will be permitted. No Prize can be redeemed for cash or can be used for a prior purchase. Sponsor has no responsibility for cancellations, delays, or any other change by any company or person providing any element of the Prize due to reasons beyond Sponsor’s control, and is not responsible or liable for any expenses incurred as a consequence thereof. The Prize is awarded without warranty of any kind from Sponsor, express or implied, without limitation. Sponsor, shall not be responsible for any and all taxes and/or duties as well as any other expenses not specifically included in the prize description. Sponsor may verify the information submitted by the winner during the Promotion. If a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. The Promotion is not sponsored by and is in no way endorsed by, administered by, and/or associated with any social media network on which notice of the Promotion is posted, including, but not limited to Meta and Instagram.
4. DRAWING: A random drawing will be conducted on or about July 1, 2025, by App Sorteos or a similar independent drawing application (“Administrator”) and Administrator will select the winner from among all eligible entries received. Odds of winning a Prize depend on the number of eligible entries received but can be calculated by dividing the total number of entries by the number of prizes. Potential winner will be notified by Instagram direct message and must sign and return the required Affidavit of Eligibility and Release, and where legally permissible a Publicity Waiver and Release within five 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 prize and Sponsor shall have the option to award the prize to an alternate winner. The return of any prize notification or Prize as undeliverable may result in disqualification and an alternate winner may be selected. ALL INCOME TAXES RESULTING FROM ACCEPTANCE OF PRIZE ARE THE RESPONSIBILITY OF WINNER. Form 1099 will be issued in the name of the winner for the actual value of the prizes received. By entering into this Promotion, entrant accepts and agrees to these Rules and the decisions of the Sponsor, which shall be final in all matters. Acceptance of a prize also constitutes permission to the Sponsor to use winner’s name and likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. All federal and state laws apply.
5. LIMITATION OF LIABILITY AND RELEASE: By entering into this Promotion, entrants waive all right to, and hold the Promotion Parties, Meta, and Instagram (the “Released Parties”) harmless 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 Promotion or the acceptance, use, or misuse of any 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. Released Parties will not be responsible for: late, incomplete, or incorrect entries; an entrant’s failure to receive Prize notices due to entrant’s spam, junk e-mail, or other security settings or for entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the social media platforms, equipment or programming associated with or used in this Promotion; by any human error which may occur in the processing of the entries in this Promotion; or any typographical, technological, or other error in the publishing of the offer, administration of the Promotion, or announcement of the Prize. If, in the Sponsor’s opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Promotion, or if technical difficulties (including viruses and bugs) compromise the integrity of the Promotion, Sponsor reserves the right to, in its sole discretion, cancel or modify this Promotion in a manner deemed appropriate by the Sponsor.

Entrant further agrees to release, indemnify, defend and hold harmless the Released Parties from and against any all claims, expenses, (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demand and/or judgments whatsoever, due to or arising out of: (a) its improper and/or unauthorized participation in the Promotion; (b) its breach of these Promotion Rules; (c) its violation of any rights of another individual and/or entity; or (d) ambiguity or error in the Promotion, these Promotion Rules, Sponsor’s Terms of Use or Privacy Policy.

In the event a dispute arises as to the identity of a potentially winning entrant, the Prize will be awarded to the authorized account holder of the Instagram account.  Except where prohibited by law, the winner’s entry and acceptance of the Prize constitutes permission for Sponsor and its assigns to use said winner’s name, Instagram handle/account name in posts and to tag the winner in a winner’s post, photographs, likeness, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation or authorization. Winner further releases and waives any right of or claim to copyright, trademark rights, privacy rights, publicity rights, rights to use of name, image or likeness, and any other legal or moral rights, relating to, arising out of, or embodied in the entry and/or arising out of the use of winner’s name, image and likeness.

Winner expressly agrees not to pursue, support, maintain, or authorize any action, claim, or dispute of any kind against the Released Parties on the grounds that any use of the entry, and/or the use of winner’s name, image, or likeness violates or infringes any of winner’s rights, including, without limitation, copyrights, trademark rights, privacy, publicity and/or moral rights.

All 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. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

6. CHOICE OF LAW: Entrants agree that all matters arising out of or relating to this Promotion and these Promotion Rules (including, without limitation, issues and questions concerning the construction, validity, interpretation, and enforceability of these Promotion Rules, or the rights and obligations of the entrants and Sponsor in connection with the Promotion) shall be governed by, and construed in accordance with, the laws of Delaware, without giving effect to any conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware.
7. DISPUTES. Except where prohibited, entrants agree that: (a) any and all disputes, claims, causes of action, legal suits, actions, or proceedings arising out of or relating to this Promotion, these Promotion Rules, or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state courts located in Austin, Texas, and entrants irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum such that entrants will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (c) under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses.
8. PRIVACY: Information submitted with an entry is subject to the Privacy Policy stated on Removery’s website and located here.
9. PUBLICITY. Except where prohibited by law, entrants hereby grant Sponsor the right to use their names, Instagram handles/account name, likenesses, voices, opinions and biographical information, and residential city and state for publicity, advertising, trade or promotional purposes. Entrants also agree that all information received as part of this Promotion may be used for the delivery of advertisements or otherwise as Sponsor sees fit.
10. SOLICITATION. By entering this Promotion, you consent to receiving solicitations from Sponsor. By entering into this Promotion you are opting into Removery sharing your information with third parties, if you do not want Removery to share your information with third parties, please email [email protected] and Removery will take the appropriate action to not share your information, provided however, Removery may share your information with the Administrator for purposes of this Promotion. Opting out of emails and offers will not decrease your chance of winning in the Promotion.
11. WINNERS LIST: A copy of the winner list may be obtained by sending a written request to Removery, at 1400 S. Congress Ave, Suite A270, Austin, TX 78704 postmarked within 15 calendar days of the end date of the Promotion Period or by emailing [email protected] within 15 calendar days of the end date of the Promotion Period. Any such request must identify the Promotion by name. Sponsor will respond by mail or email.
12. CANCELATION: Removery reserves the right to cancel the Promotion at any time for any reason. Sponsor may also disqualify or prohibit an entrant from participating in the Promotion or winning a Prize in this or any other promotion conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the Promotion Rules or has threatened or is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair practices, or intending to annoy, abuse, threaten, or harass any other entrants, Sponsor or Sponsor’s representatives.
13. THIRD-PARTY FEES: You may be charged for visiting the website where the Promotion Rules are posted in accordance with the terms of your service agreement with your internet or mobile telephone carrier. Please consult your provider regarding your pricing plan. You must use a smartphone device to participate via your mobile phone. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific Internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your provider with any questions regarding your bill.
14. FORCE MAJEURE. The Released Parties are not responsible or liable to any entrant or potential Prize winner (or any person claiming through such entrant or potential Prize winner) for failure to supply the applicable Prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, COVID-19 or any virus, disease and/or pandemic, as well as any private sector or governmental response thereto, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the sole control of Sponsor.
15. SEVERABILITY: If any provision(s) of these Promotion Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
16. MISCELLANEOUS: Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the associated technology, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity. These Promotion Rules contain the full and complete understanding with respect to the Promotion and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Promotion Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Promotion Rules shall be effective unless in writing and signed by Sponsor. The waiver by Sponsor of any provision of these Promotion Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void.  These Promotion Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor.
17. SPONSOR CONTACT INFORMATION: If you have any questions regarding this Promotion, please contact [email protected].