Rules

Official Rules (“Official Rules”) 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 

By entering into this Sweepstakes, you accept the terms and conditions and set forth in these Official Rules. You confirm that you are at least 18 years old or have reached the age of majority in your jurisdiction of residence at the time of opt-in (19 in Alabama and Nebraska; 21 in Mississippi). By entering the sweepstakes, you agree to sign up to receive newsletters and special offers from Treetopia, The Beachwaver Co, BlendJet, Mentionables LLC, Hearst Magazine Media Inc., DBA ELLE, JAPONESQUE LLC, Sol de Janeiro, More Happy Life, Angelia Cosmetics, and Peach & Lily, Inc. (collectively, the “Associated Companies”). The Associated Companies have provided prizes to the Sweepstakes but only Treetopia is sponsoring the sweepstakes and responsible for operating the Sweepstakes. 

No Purchase Necessary. A Purchase Will Not Increase Your Chances of Winning. The Sweepstakes is subject to federal, state, municipal, and local laws and regulations and is void outside the continental United States (and Rhode Island) and where prohibited. (New Jersey Notice: This Sweepstakes is not void in New Jersey). The Sponsor may report, as required by applicable statute or regulation, the value of the prizes and the identity of the winner, to appropriate taxing authorities.

Eligibility: Every Shade of Pink Giveaway (the “Sweepstakes”) is open to anyone who is at least eighteen (18) years of age or has reached the age of majority in their jurisdiction of residence at the time of opt-in (19 in Alabama and Nebraska; 21 in Mississippi) and is a legal resident of, and located within, the continental United States (except Rhode Island) at the time of entry.  Participants should have a valid email address. Employees, independent contractors, interns, officers, directors, and agents of Sponsor and the Associated Companies are not eligible to enter. 

Sponsor: Treetopia, 2226 A Westborough Blvd., Ste 502 South San Francisco, CA 94080.

Agreement to Official Rules: By entering the Sweepstakes, you indicate your full and unconditional agreement to, and acceptance of these Official Rules, and you represent and warrant that you meet the eligibility requirements.  In addition, you agree to accept the Sponsor’s decisions as final and binding in all matters relating to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth in the Official Rules. 

Entry Period: The Sweepstakes begins at 12:00am EDT on 10/01/2021 and will end on 10/31/2021 at 11:59pm EDT (“Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Sweepstakes. . 

How to Enter: During the Entry Period, you may enter the Sweepstakes by visiting the sweepstakes site https://app.viralsweep.com/sweeps/full/27cd1f-96233?framed=1 (the “Sweepstakes Site”) and completing the Sweepstakes entry form. There is a limit of one (1) entry per person/email address (not including “Bonus Entries,” as described below). Additional entries per person/email address, excluding “Bonus Entries”, will not be acknowledged. The use of an agency or any automated system to enter is strictly prohibited and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion.

You may only use one (1) email address to enter this Sweepstakes.  Multiple participants are not allowed to use the same email address.  Each participant in the Sweepstakes must be the rightful owner or have authorized use of the email account indicated by the participant’s email address. In the event of a dispute concerning the identity of the winner submitting an entry, the winner will be deemed to be the authorized account holder. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to show proof of being the authorized account holder.  In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to the Sponsor’s satisfaction, the affected entry(ies) will be deemed ineligible.  The Sponsor shall not be responsible for incorrect or inaccurate 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 in the Sweepstakes.  The Sponsor assumes no responsibility or liability of any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alternation of entries.

By entering the Giveaway in accordance with the entry process described above, you will be registering to receive email communication from Treetopia, The Beachwaver Co, BlendJet, Mentionables LLC, Hearst Magazine Media Inc., DBA ELLE, JAPONESQUE LLC, Sol de Janeiro, More Happy Life, Angelia Cosmetics, and Peach & Lily, Inc. (“Associated Companies”) and agreeing that your registration and any other information collected in connection with the Sweepstakes may be used by the following partners: Treetopia in accordance with their Privacy Policy, a current copy of which can be found here http://www.treetopia.com/terms_privacy.asp; The Beachwaver Co. in accordance with their Privacy Policy, a current copy of which can be found at https://beachwaver.com/pages/privacy; BlendJet in accordance with their Privacy Policy, a 

current copy of which can be found at https://blendjet.com/privacy-policy; Mentionables LLC in accordance with their Privacy Policy, a current copy of which can be found at https://shopmentionables.com/pages/mentionables-privacy-policy; Hearst Magazine Media Inc., DBA ELLE in accordance with their Privacy Policy, a current copy of which can be found at https://www.hearst.com/-/tv-privacy-notice; JAPONESQUE LLC in accordance with their Privacy Policy, a current copy of which can be found at https://makeuperaser.com/pages/privacy-policy; Sol de Janeiro in accordance with their Privacy Policy, a current copy of which can be found at https://soldejaneiro.com/pages/privacy-policy; More Happy Life in accordance with their Privacy Policy, a current copy of which can be found at https://morehappylife.co/privacy-policy/; Angelia Cosmetics in accordance with their Privacy Policy, a current copy of which can be found at https://angeliacosmetics.com/policies/privacy-policy; and Peach & Lily, Inc. in accordance with their Privacy Policy, a current copy of which can be found at https://www.peachandlily.com/pages/privacy. 

Bonus Entries: Each person who submits an entry to the Sweepstakes will have the opportunity to obtain additional entries by performing the following listed actions:

     Refer your friends (+5)

     Share the story of how you or a loved one have been affected by breast cancer (+5)

     Follow National Breast Cancer Foundation on Instagram (+3)

     Follow National Breast Cancer Foundation on Facebook (+3)

     Subscribe to National Breast Cancer Foundation on YouTube (+3)

     Visit National Breast Cancer Foundation’s website (+3)

     Follow Treetopia on Instagram (+3)

     Visit Treetopia’s website (+3)

     Follow Treetopia on Pinterest (+3)

     Follow Elle on Instagram (+3)

     Follow Sol de Janiero on Instagram (+3)

     Follow MakeUp Eraser on Instagram (+3)

     Follow Beachwaver on Instagram (+3)

     Follow Peach & Lily on Instagram (+3)

     Follow Mentionables on Instagram (+3)

     Follow More Happy Life on Instagram (+3)

     Follow BlendJet on Instagram (+3)

     Follow Angelia Cosmetics on Instagram (+3)

     Follow Angie Layton on Instagram (+3)

For each action performed, the user will receive the allotted amount of bonus entries listed. Entrant can receive unlimited additional entries by completing bonus entry actions. 

Drawing: After the Entry Period, on or about 11/1/2021, Sponsor will select 1 potential winner in a random drawing of all entries received. The odds of being selected depend on the number of eligible entries received. All decisions are final in all matters relating to this Sweepstakes. Except as specifically provided herein, the prizes are guaranteed to be awarded.  The Sponsor may report, as required by applicable statute or regulation, the value of the prizes and the identity of the winner to appropriate taxing authorities.  Prizes will be awarded to a winner only if she or he fully complies with these Official Rules.

Notification and Requirements of Potential Winners: Sponsor or Gathrd will attempt to notify potential winner within five (5) business days of the drawing, via the email provided during the Sweepstakes. The potential winner will be required to complete, sign, and return a Certificate of Eligibility, Publicity/Liability Release, and an IRS Form W-9 (which includes the winner’s tax identification number, full name, address, and signature) if the prizes are USD600 or higher, and other documents as may be required by applicable federal, state, and local laws and regulations (“Sweepstakes Documents”), within seven (7) days of date of notification, or an alternate winner will be selected.  If a potential winner fails to respond, return the fully executed Sweepstakes Documents, or claim the prize(es) within seven (7) days of email notification, or if the potential winner cannot be contacted, is ineligible, has been disqualified, or if his/her notification is returned as undeliverable or unclaimed, or if the potential winner cannot accept or is unwilling to accept any portion of the prize(s) for any reason, , the prize will be forfeited and Sponsor will select an alternate potential winner in his/her place at random from all remaining eligible entries received. Only three (3) alternate potential winners will be contacted. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. 

The Sponsor shall have no liability for the winner’s failure to receive notices due to spam, junk e-mail or other security settings or for the winner’s provision of incorrect or otherwise non-functioning contact information.  

Prize(s): One (1) grand prize will be awarded and one (1) winner will be chosen. 

Description of Prizes: Grand Prize (total value of ~$2,649) 

One lucky winner will receive (1) $350 gift card to Beachwaver.com, (1) $300 gift card to MakeupEraser.com, (1) $250 gift card to SoldeJaniero.com, (1) $250 gift card to BlendJet.com, (1) $250 gift card to Mentionables, (1) $250 gift card to More Happy Life, (1) $250 gift card to AngeliaCosmetics.com, (1) $300 gift card to PeachAndLily.com, and (1) 7’ Pretty in Pink Christmas Tree w/ clear LED lights from Treetopia ($449 ARV).

Prizes are awarded "as is" with no warranty or guarantee, either expressed or implied by the Sponsor. The winner may not substitute, assign or transfer prize or redeem prize for cash, but the Sponsor reserves the right, at its sole discretion, to substitute prizes (or portion thereof) with one of comparable or greater value. The winner is responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. 

By accepting the prizes, the winner agrees to the release of his or her name, likeness, and/or entry(ies) for potential publicity purposes, where permitted by law. All elements of the prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption.   No portion of the prize is redeemable or exchangeable for cash.

General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize(s) at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be 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. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the participant. 

Release and Limitations of Liability: By participating in the Sweepstakes, you agree to release and hold harmless Sponsor and Associated Companies, and their respective parent, subsidiaries, affiliates, the prize providers and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (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 Sweepstakes or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. 

Privacy and Use of Information Submitted; Publicity: Any information you submit as part of the Sweepstakes will be used for purposes of this Sweepstakes and treated in accordance with Sponsor’s Privacy Policy as otherwise set forth in these Official Rules. Information provided by you for this Sweepstakes will be used to contact the winner and send the prizes to him/her. 

By joining the sweepstakes, you grant Sponsor and Associated Companies permission to use your email address to send you newsletters and special offers about their products, and you agree to be bound by their respective privacy policies. Email subscribers may unsubscribe at any time.

Rights granted: Except where prohibited, participation in the Sweepstakes constitutes an your consent to Sponsor’s use of your name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration. 

By entering the Sweepstakes, you acknowledge and agree that Sponsor and Associated Companies may use your information, including, without limitation, your email address, phone number, mailing address, or any other contact information provided for general solicitation, marketing, or other business or promotional activities in connection with the services and products provided by Sponsor or the participating companies. You may at any time revoke the use of such information by providing written notice to Sponsor and each other participating company using the following addresses or by responding to a marketing email using the unsubscribe link provided in the email. Please note that your opt-out preference will apply to marketing communication and may not apply to transactional communication including those associated with your entry. 

Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in San Mateo Superior Court - Northern. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of CA, without giving effect to any choice of law or conflict of law rules (whether of CA or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than CA. 

Third Party Platforms: If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g. Facebook or Twitter) (“Third Party Platform”), then by participating in this Sweepstakes, entrants hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. Unless otherwise stated to the contrary in these Official Rules, this Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third Party Platform. 

Results: To request a winners list, send a self-addressed, stamped envelope to Treetopia at 2226 A Westborough Blvd., Ste 502 South San Francisco, CA 94080. Requests must be received within four (4) weeks of the end of the Entry Period.