COCOBABA WOMEN’S HISTORY MONTH GIVEAWAY OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES AND CANADA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE 50 UNITED STATES OR DISTRICT OF COLUMBIA OR CANADA AT THE TIME OF ENTRY. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES, DISTRICT OF COLUMBIA AND CANADA, 18 YEARS OF AGE OR OVER. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW. THE SWEEPSTAKES WILL BE GOVERNED BY THESE OFFICIAL RULES (“OFFICIAL RULES”).
1) SWEEPSTAKES PERIOD. COCOBABA WOMEN’S HISTORY MONTH GIVEAWAY (the “Sweepstakes”) begins March 22, 2023 at 9:00 AM Pacific Standard Time ("PST") and ends on March 28, 2023 at 11:59 PM PST (the "Sweepstakes Period").
2) ELIGIBILITY. The Sweepstakes is open to legal residents of the fifty (50) United States, the District of Columbia and Canada who are eighteen (18) years of age and older at the time of entry. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members, of Sponsor and its affiliates, subsidiaries, divisions, advertising and promotion agencies and prize providers, are not eligible to enter or win. Sweepstakes is subject to all applicable federal, state and local U.S. and Canada laws. All interpretations of these Official Rules and decisions by Sponsor are final.
3) SPONSOR. This Sweepstakes is sponsored by CocoBaba, Inc.: 2029 Verdugo Blvd., Ste. 719, Montrose, CA 91020 (the “Sponsor”).
4) HOW TO ENTER. No purchase necessary. There is one (1) entry method, which is described as follows:
During the Sweepstakes Period, a post will be shared on Instagram with instructions to enter the Sweepstakes on the CocoBaba Instagram page. The post will invite eligible entrants to follow the @Cocobabaofficial Instagram page (each, an “Entrant”), to ‘like’ the Sweepstakes post and to tag 3 friends in the comment section for (1) entry into the Sweepstakes (an “Entry”). One bonus entry will be given for sharing an image with CocoBaba products and tagging @cocobabaofficial on Instagram or Instagram Stories. Up to two (2) entries per person and per Instagram account. Entry content will not be judged. Each Entrant must follow all of these instructions to receive an Entry. If you do not have an Instagram account, you can sign up for free by visiting www.instagram.com. By participating, Entrants agree to these Official Rules.
Entrants agree to assign and hereby do assign to Sponsor the ownership rights to all Entries. Upon the Sponsor’s request, Entrant’s agree to sign any further document(s) as may be deemed necessary by the Sponsor in its sole and absolute discretion to perfect, or give full effect, to such grant and assignment.
All Entries must be complete and include all required information, comply with Instagram’s terms and policies, and comply with these Official Rules. Any Entries that contain material that is determined by Sponsor, in its sole discretion, to be inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, libelous, racially or religiously biased or offensive or sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity will be disqualified. Entry cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses. Entry cannot contain copyrighted materials owned by others without permission. Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission. Entry cannot be defamatory or trade libelous.
Sponsor reserves the right to screen all Entries. Any Entries that Sponsor deems, in its sole discretion, to violate the terms and conditions set forth in these rules are subject to disqualification. Sponsor reserves the right, at any time and for any reason, to remove any Entries (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entries comply with these rules, or for any other reason. If such an action is necessary at any point during or after this Sweepstakes, then Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entries and entrant (and therefore the corresponding Entry) to help ensure that this Sweepstakes is being conducted in accordance with Sponsor’s interpretation of the letter and spirit of these rules.
Any attempt by a participant to obtain more than the stated number of Entries by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that Entrant’s Entries and that Entrant may be disqualified from the Sweepstakes. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Entry, the authorized account holder of the Instagram account provided with the Entry will be deemed to be the Entrant. The “authorized account holder" is the natural person who is assigned to an email account by an Internet access provider, service provider, or online organization responsible for assigning email accounts associated with the Instagram account from which the Entry was submitted. The Potential Prize Winner may be required to show proof of being the authorized Instagram account holder.
5) WINNER SELECTION AND NOTIFICATION. At the end of the Sweepstakes Period, a random drawing will be conducted by Sponsor’s administrator within five (5) days of giveaway end to select a potential prize winner (“Potential Prize Winner”) from among all eligible Entries received during the entire Sweepstakes Period.
Within five (5) days of giveaway end, the Potential Prize Winner will be notified via direct message on Instagram and may be sent an affidavit of eligibility/liability release, as well as a publicity release (where permitted by law) ("Release"). Unless restricted by law, the Potential Prize Winner will be required to complete and return the Release within fourteen (14) days of receiving it. Sponsor may also take all steps necessary to corroborate any information provided to Sponsor by the Potential Prize Winner. By accepting the prize, the Prize Winner acknowledges compliance with these Official Rules. If the prize is won by an eligible Entrant who is a minor in his/her state of residence, the prize will be awarded to the minor’s parent or legal guardian who must sign and return all required documents. The verified Potential Prize Winner is referred to herein as the “Prize Winner.” Any failure by a Potential Prize Winner to respond within the time designated by Sponsor to his/her notification or any other Sponsor communications may result in forfeiture of the prize. The Potential Prize Winner is subject to verification, including verification of age. Except where prohibited, acceptance of the prize constitutes Prize Winner’s consent to use of his/her name and/or photograph without further compensation for advertising, promotional, and publicity purposes by Sponsor. If a potential Winner is found to be ineligible, has not complied with these Official Rules or declines the prize such potential Winner will be disqualified and forfeit the prize. If a potential Winner is disqualified or forfeits prize, Sponsor may, but shall not be required to, select an alternate potential Winner from amongst all remaining eligible Entries. All expenses on receipt and use of prize are the sole responsibility of the applicable Winner.
AN ENTRANT IS NOT AN OFFICIAL WINNERS UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, THE SPONSOR’S REQUIRED PRIZE DOCUMENT(S) ARE COMPLETED AND RETURNED, AND THE ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.
6) ODDS. Odds of winning a prize depend on the total number of eligible Entries received.
7) PRIZE. Sponsor will award three (3) prizes to separate winners. Each winner will receive one (1) CocoBaba Ultimate Moisture Body Bundle which includes Coconut Jasmine Body Wash, Coconut Oil Scrub, Coconut Body Serum, Coconut Butter Mousse, and Coconut Body Oil. The total ARV prize value per winner is $139.95.
No prize substitutes, cash equivalent, or transfers allowed except that if the prize becomes unavailable for any reason, Sponsor may award a substitute of equal or greater value in its sole discretion. Only the prize stated in these Official Rules is available to be won in the Sweepstakes. All federal, state and/or local taxes; travel costs; and any other fees or costs associated with the prize are the responsibility of the Prize Winner, regardless of whether the prize is used. The ARV of the prize is based on available information provided to Sponsor and the value of any prize awarded to the Prize Winner may be reported for tax purposes where required by law. All income and other taxes (federal, state and local) on the prize are the sole responsibility of the applicable Winner. Prize Winner acknowledges that Prize is provided “as is” and without any warranty of any kind. The Released Parties (defined below) are not responsible for any delay in the availability or delivery of a prize for any reason whatsoever (including without limitation, delays due to health risks or governmental restrictions, such as those that may be implemented to mitigate COVID-19 transmission) – no confirmed winner nor any other person or entity will be compensated in the event of such delay.
8) PUBLICITY RELEASE: Acceptance of the prize constitutes each Winner's permission for Sponsor to use such Winner's name, statements about the Sweepstakes, product review(s), testimonial (in whole or part), prize information and address (city and state) or other likeness (collectively, “Attributes”) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and each Winner releases Sponsor from all claims arising out of the use of such Attributes.
9) WINNERS’ LIST. For a copy of the Prize Winner list, send a self-addressed, stamped envelope to: Attn: COCOBABA WOMEN’S HISTORY MONTH GIVEAWAY Winner List Request, CocoBaba, Inc.: 2029 Verdugo Blvd., Ste. 719, Montrose, CA. 91020. Requests must be received within six (6) weeks after the end of the Sweepstakes Period.
10) RELEASE OF LIABILITY. Each Entrant irrevocably agrees (and agrees to confirm in writing) to waive, on behalf of themselves and their family and associated persons or businesses, all claims, lawsuits, and damages, of every name and nature, known and unknown, now existing or hereinafter at any time arising, against all other Entrants, Sponsor, Instagram, and each of their respective affiliates, subsidiaries, successors, assigns, officers, directors, agents, employees and all others associated with the development and execution of this Sweepstakes from any and all liability, loss or damage with respect to or in any way arising from this Sweepstakes and/or acceptance or use of the prize, including liability for personal injury, death, damage or monetary loss, and including any travel related thereto. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of the Entries. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor is not responsible for lost, late, stolen, incomplete, misdirected, damaged, destroyed or garbled Entries.
Entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
11) MODIFICATION/TERMINATION/FORCE MAJEURE. Sponsor reserves the right to modify or terminate the Sweepstakes upon evidence of fraud, virus, bugs, hacking, security breaches, or other tampering, or should other causes beyond the control of Sponsor corrupt the administration, security, or proper operation of the Sweepstakes. Sponsor also reserves the right, in its sole discretion, to cancel, suspend, or modify the Sweepstakes, if necessary, due to technical problems. If an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prizes or continuing with this Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis or governmental restrictions implemented to mitigate a public health crisis (e.g. due to ZIKA virus or COVID-19), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, extend or terminate this Sweepstakes. In the event of cancellation, Sponsor shall have the right, at its sole discretion, to select the Potential Prize Winner by randomly drawing from among all valid, non-suspect Entries received up to the time of cancellation. Sponsor reserves the right, at its sole discretion, to disqualify any individual (and his or her Entry) who tampers with the entry process.
12) BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable California statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
13) GOVERNING LAW & JURISDICTION. These Official Rules and the Sweepstakes are governed by U.S. law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of Los Angeles.
Instagram is not a sponsor of this Sweepstakes and is not responsible for the administration of the Sweepstakes, the collection of the Entries, or the conduct of the draws.