REMOVERY HAPPY MOM 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 CONTINUED PARTICIPATION, 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 THIS AGREEMENT IN ITS ENTIRETY.

The Removery Happy Mom Sweepstakes Official Rules (the “Promotion”) is sponsored and operated by Removery, LLC (“Sponsor”). By entering into the Promotion, you (“Entrant”) agree to comply with and be bound by these Removery Happy Mom Sweepstakes Official Rules (“Promotion Rules”), the Removery Privacy Policy and Removery Terms of Use and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Promotion. If there is a conflict between the Terms of Use and the Promotion Rules, the Promotion Rules control. 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, the Removery Privacy Policy and Removery Terms of Use in their entirety, you are not permitted to enter into 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 and local laws and regulations apply.

1. ELIGIBILITY: The Promotion is open only to individuals that are (1) located in Australia and are legal Australian residents, located in Canada and are legal Canadian residents (except those located in Quebec), and 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 and 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 additionally expressly void for employees of Sponsor and subsidiaries and agencies, managers and members, and members of each of their immediate family or persons living in the same household.
2. HOW TO ENTER:
   • Entry: Beginning on May 1, 2024 at 12:00 AM Central through May 31, 2024 at 11:59 PM Central (collectively known as the “Sweepstakes Period”), you can enter the Promotion and win a Complete Tattoo Removal Package (valued at $4,500) by submitting a written story in 500 words or less at removery.com/happymom explaining the tattoo you want removed, and how it would make your mom happy (the “Submission Story”). For an additional entry, you can make a video describing or showing your tattoo and why you and your mom would be happy to have it removed and further, (1) post the video on Instagram to your public profile, (2) tag @removery and (3) include the hashtag #RemovedForMom to be eligible for the additional entry (the “Submission Video” and together with the “Submission Story”, the “Submission Materials”).
   • 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 each method (i.e., Submission Story or Submission Video) per person. For example, if you submitted a Submission Story and a Submission Video that would be considered two entries. The maximum number of entries per a person is two entries. No purchase of Sponsor’s services will increase any Entrant’s chance of winning a Prize. All entries must be submitted during the Sweepstakes Period. 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. No purchase of Sponsor’s services will increase any Entrant’s chance of winning a Prize. All requested personal information must be provided to participate in the Promotion and to be eligible to win a prize. Unintelligible entries; entries with incomplete, invalid, incorrect or noncurrent information; entries that are counterfeit, damaged or tampered with in any way; and entries with printing, or production errors will be disqualified. Proof of sent entry and/or entry receipt (such as a copy of a “thank you” screen or message) does not constitute proof of actual receipt of entry by Sponsor for purposes of this Promotion.
   • The Submission Materials must not infringe or violate any right of any party or entity, including but not limited to copyright, right of publicity, and right of privacy. By agreeing to participate in this Promotion you represent and warrant that you are the sole and exclusive legal and beneficial owner of the entire right, title and interest in and to the Submission Materials, including all copyrights and other intellectual property rights therein, and have not or will not enter into any license or contractual or other obligation that could conflict or interfere with Removery’s receipt or exercise of its rights hereunder. In the event you are not the exclusive and legal beneficial owner of the entire right, title and interest in and to the Submission Materials, you have the right to sublicense, transfer or assign the Submission Materials to Removery. By agreeing to participate in this Promotion, you additionally represent and warrant that the Submission Materials do not, and use thereof as permitted hereunder will not, violate any law or regulation or infringe or otherwise violate any right of any third party (or the individual or mom that is recorded in the Submission Materials), including, but not limited to, any copyright, trademark, patent, trade secret or other intellectual property right, any right against defamation, or any right of publicity or privacy. By agreeing to participate in this Promotion, you have received all permissions as are or reasonably may be necessary for Removery and you to fully and lawfully exercise the rights and licenses under this Agreement. For the avoidance of doubt, by agreeing to participate in this Promotion, you represent and warrant that you have obtained any necessary consents and possess the full right, power and authority on behalf of yourself and any individuals depicted in the Submission Materials to enter the Promotion and enter into, perform and grant the rights and licenses granted and that are required to be granted under these Promotion Rules.
   • The Submission Materials must not: (i) contain obscene, indecent, or otherwise offensive content; (ii) contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, (iii) contain disparaging or defamatory statements; or (iv) include threats to any person, place, business, or group. The determination of whether the Submission Materials violates these restrictions is at the sole discretion of Sponsor.
   • Submission of a qualifying entry grants Removery and its representatives and agents the right to publish, use, adapt, market, promote, edit, and/or modify such entry and the Submission Materials in any way, in any and all media, without limitation and without consideration to the Entrant. Submission of an entry further constitutes the Entrant’s consent to grant to Removery a royalty free, worldwide, perpetual license and right to use, adapt, edit, market, disseminate and/or modify the entry (including the Submission Materials) in any manner it so chooses and for any other purpose whatsoever, in connection with the Promotion, any future competition(s), and/or any Removery marketing efforts or promotions.
   • After entering into the Promotion, the Submission Materials may be placed on the Removery website or any third-party website or application that is assisting Removery with the Promotion or promoting/marketing the Removery brand (“Third Party Website”), where they may be viewed by visitors to the Removery website or Third-Party Website.
3. PRIZE: The winner (“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 as is and 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. Sponsor (including its respective officers, directors, MANAGERS, employees, agents, REPRESENTATIVES and affiliates) expressly disclaim any and all responsibility and liability arising from use or redemption of a prize, as further set forth in these PROMOTION rules, including but not limited to any damages or injuries sustained by a winner. sponsor shall not be responsible for any taxes, duties, or any other expenses not specifically included in the prize description. Winner will be obligated to enter into all additional Sponsor forms related to the Complete Tattoo Removal Package, including but not limited to the Removery Intake Form, Consent and Release and Client Code of Conduct (“Sponsor Agreements”). Should Winner refuse to enter into such Sponsor Agreements, Winner will be disqualified and Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
4. DRAWING: A random drawing will be conducted on or about June 4, 2024, by pickerwheel.com or a similar entity or service (“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 email at the email address associated with their entry, and must sign and return the required Affidavit of Eligibility and Release, within two 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 the 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 Prize received. By entering into this Promotion, Entrant accepts and agrees to these Promotion Rules and the decisions of the Sponsor, which shall be final in all matters. Acceptance of the Prize also constitutes permission to the Sponsor to use the 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 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. 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 email address associated with the Submission Story (if the winning entry is a Submission Story) or the authorized account holder of the Instagram account used to post the Submission Video (if the winning entry is a Submission Video).

Entrants further agree to release, 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.

The provisions of this paragraph are for the benefit of the Released Parties.  Each of the Released Parties shall have the right to assert and enforce these provisions directly against you on its own behalf.

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, Submission Materials, and/or arising out of the use of the 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, Submission Materials, and/or the use of the Winner’s name, image, or likeness violates or infringes any of the 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 THAT 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.”

6. CHOICE OF LAW AND FORUM: Entrant agrees 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. INDEMNIFICATION: You agree to release, indemnify and hold the Released Parties harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Promotion Rules; and/or (c) your violation of any rights of another individual and/or entity.  The provisions of this paragraph are for the benefit of the Released Parties.  Each of the Released Parties shall have the right to assert and enforce these provisions directly against you on its own behalf.
9. PRIVACY: Entry in the Promotion constitutes Entrants’ consent to the transfer of the personal information collected from the Entrants to the Sponsor for the purposes of administering the Promotion, for future marketing and promotions, and for such other purposes to which Entrants may consent as outlined herein. Personal information submitted as part of this contest will be disclosed to, and stored in, the United States of America. All personal information submitted to Sponsor in connection with this Promotion is subject to the Privacy Policy stated on Removery’s website and located . The Privacy Policy explains how you can seek access to and correction of your personal information, how to make a privacy complaint and how Removery deals with these complaints.
10. 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.
11. ADVERTISING AND SOLICITATION. By entering this Promotion, you consent to receiving emails, transactional text messages, special offers, electronic newsletters, solicitations from Sponsor. Each email and transactional text message from Removery will provide you the ability to opt out of future communication. If you would prefer to opt out now, please email, [email protected]. 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 care@removery.com 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.
12. 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.
13. CANCELATION OF PROMOTION: Sponsor reserves the right to cancel the Promotion at any time for any reason including, without limitation, if the Promotion is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond Sponsor’s reasonable control which corrupt or affect the administration, security, fairness, integrity, fulfillment, or proper conduct of the Promotion. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. SPONSOR CONTACT INFORMATION: If you have any questions regarding this Promotion, please contact Mallory Hublein at [email protected].
19. ALL DATES SET FORTH IN THESE OFFICIAL PROMOTION RULES ARE APPROXIMATE. SPONSOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES.