Rules

Curology x Funfetti® Sweepstakes Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. 

*The 3-month Curology subscription is subject to consultation and must be prescribed to receive.

This Sweepstakes is sponsored and operated by Curology, Inc. (“Company”), 6195 Lusk Blvd., Suite 250, San Diego, CA 92121. The promotion is in no way sponsored, endorsed, administered by, or associated with Instagram or ViralSweep.

1. Eligibility. Participation open only to legal residents of the United States who are at least 18 years of age as of date of entry (the "Entrant"). Void where otherwise prohibited, taxed, or restricted by law. Employees, officers, and directors of Company and its subsidiaries, affiliates, and partners and their immediate families (parents, children, siblings, or spouse) or members of the same household (whether related or not) of such employees, officers, or directors are not eligible to enter.

2. How to Enter. To enter the Curology x Funfetti® Sweepstakes (“Sweepstakes”), submit their email, (2) follow @curology and @funfetti on Instagram, (2) like the official “Sweepstakes” post on Instagram, and (3) tag a friend on the official “Sweepstakes” post on Instagram. Each Entrant may also enter an additional bonus entry by following @curology and @funfetti on TikTok. Limit is one (1) entry per Entrant entering the Sweepstakes during the Sweepstakes Period.

As an alternate means of entry individuals who wish to enter without doing the foregoing may enter the Sweepstakes by emailing social@curology.com during the Sweepstakes Period. 

All entry information, including comments, posts, images, and/or designs, shall be collectively referred to herein as the “Entry.” The Entry must comply with the Content Restrictions as defined herein. 

By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Company, which shall be final and binding in all respects. Company is responsible for the collection, submission, or processing of Entries and the overall administration of the Sweepstakes. The Entrants should look solely to Company with any questions, comments, or problems related to the Sweepstakes. Company may be reached at social@curology.com. 

Automated or robotic Entries submitted by individuals or organizations will be disqualified. Any attempt by Entrant to obtain more Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant's Entries and that Entrant may be disqualified. Receipt of entries will not be acknowledged. Company is not responsible for late, incomplete, invalid, unintelligible, misdirected, technically corrupted, or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human, or electronic. Only fully completed Entries are eligible. Final eligibility for the award of any Prize is subject to eligibility verification as set forth herein. All Entries must be posted by the end of the Promotion Period in order to participate. Company’s database clock will be the official timekeeper for this Sweepstakes.

3. Rights Granted by You. By submitting an Entry into this Sweepstakes, the Entrant understands and agrees that Company shall have a perpetual, worldwide, royalty-free, irrevocable, and exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entry in whole or in part, in any media known now or hereafter developed, and for any legal purpose. 

4. Start/End Dates. The Sweepstakes begins at 12:00 AM Pacific Time on September 17, 2024, and ends at 11:59 PM Pacific Time on September 22, 2024 (the “Sweepstakes Period”). 

5. Entry Guidelines and Content Restrictions: By entering, each Entrant agrees that Entrant’s Entry conforms to the content restrictions set forth below (the “Content Restrictions”) and that Company, in its sole discretion, may remove any Entry and disqualify an Entrant from the Sweepstakes if it believes, in its sole discretion, that the Entrant’s Entry fails to conform to the Content Restrictions.

Content Restrictions:

• The Entry must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity, or any other intellectual property rights or civil rights;

• The Entry must not in any way disparage Company or any other person or party;

• The Entry must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous, or libelous;

• The Entry must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;

• The Entry must not contain material that is unlawful, in violation of or contrary to the laws, regulations or, if applicable, socialist morals of any jurisdiction where Entry is created;

• The Entry cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message; and

• The Entry must be consistent with the image and values of Company and be consistent with and satisfy the purpose of the Sweepstakes.

Company’s decisions are final and binding in all matters relating to this Sweepstakes, including, but not limited to, interpretation and application of these Official Rules. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules.

6. Winner Determination. After the close of the Sweepstakes Period, the winner(s) will be selected in a random drawing among eligible Entries received during the Sweepstakes Period (each, a “Winner”). Company’s decision is final. Odds of winning will vary depending on the number of eligible Entries received. 

7. Prize(s). One Winner shall be selected, and Winner will receive a 3-month free subscription to Curology (subject to consultation), 1 limited-edition Funfetti® Birthday Cake Lip Balm, and a 10-month supply of Funfetti®. The subscription to Curology can only be used on the Curology website at https://curology.com for use toward Curology products (“Prize”). If a Winner is not approved for any Curology product or subscription after Winner signs up for Curology, such Winner will not receive the subscription to Curology but will still receive 1 limited-edition Funfetti® Birthday Cake Lip Balm, and a 10-month supply of Funfetti®. 

Forty (40) other winners will also be randomly selected to receive 1 limited-edition Funfetti® Birthday Cake Lip Balm.

Prizes are non-transferable. No substitutions or cash redemptions. Only one Prize per person and per household will be awarded. Company reserves the right in its sole and absolute discretion to award a substitute Prize of equal or greater value if the Prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. Company makes no representation or warranty concerning the appearance, safety or performance of any Prize awarded. Restrictions, conditions, and limitations may apply. Company will not replace any lost or stolen Prize items.
    
This Sweepstakes is open to legal residents of the United States and Prize will only be awarded and/or delivered to addresses within said locations. All federal, state, and/or local taxes, fees, and surcharges are the sole responsibility of the Winner. Failure to comply with the Official Rules will result in forfeiture of the Prize.    

8. Notification. On or about September 24, 2024, Winners will be announced on https://www.instagram.com/curology/ and notified within 24 hours after the random drawing by direct message. The Winner must accept the Prize in the manner directed by Company within 48 hours of notification. Each Winner shall undertake, if required, to sign and return, where legal, an affidavit of eligibility, publicity release, and/or license agreement within five (5) business days of Prize notification.

Company is not responsible for any delay or failure to receive notification for any reason, including inactive Instagram account, technical difficulties associated therewith, or Winner’s failure to adequately monitor any Instagram account. 

Any winner notification not responded to or returned as undeliverable may result in Prize forfeiture. The Winner may be required to sign and return an affidavit of eligibility and release of liability, and a publicity release. No substitution or transfer of a Prize is permitted except by Company.

Company reserves the right to draw a new potential winner if Winner does not respond within 48 hours.

9. Conditions. Company shall not be liable or responsible in the event Entry is not used for any reason. Entries may be cut, edited, reformatted, rearranged, combined with other materials, and/or otherwise modified, in Company’s sole and absolute discretion. Participation in Sweepstakes and/or acceptance of Prize constitutes each Winner’s permission for Company to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Entry, Entry supplements, and/or any statements made regarding the Sweepstakes or Company for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Entrants waive all, and agree not to assert, moral or similar or equivalent rights in relation to his/her/their Entry, throughout the world. By participating, the Entrants and Winners agree to release and hold harmless Company, Instagram, ViralSweep, their advertising and promotion agencies, and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost, or expense whatsoever including without limitation, property damage, personal injury, and/or death that may occur in connection with, preparation for, travel to, or participation in the Sweepstakes, or possession, acceptance and/or use or misuse of Prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way, shall be disqualified. Company reserves the right, in its sole discretion, to cancel, terminate, modify, extend, or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such a case, Company will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Company. Company is not responsible if the Sweepstakes cannot take place or if any Prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, or acts of terrorism.

In the event of a dispute as to any Entry, the authorized account holder of the email address or social media account used to register will be deemed to be the Entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned to the applicable social media account or the 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 address. Each Entrant may be required to show proof of being an authorized account holder.

ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Disclaimers. Company, its affiliates, partners, and promotion and advertising agencies are not responsible for technical, hardware, software, telephone, or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled, or delayed computer transmissions that may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. 

11. LIMITATION OF LIABILITY. THIS SWEEPSTAKES IS NOT SUBJECT TO LEGAL RECOURSE. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND/OR ENTRY IN THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 

12. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of San Francisco in the State of California. The parties agree not to raise the defense of forum non conveniens.

13. Use of Data. Company will be collecting personal data about the Entrants online, in accordance with its privacy notice. Please review the Company’s Privacy Notice at https://curology.com/privacy/. By participating in the Sweepstakes, the Entrants hereby agree to Company’s collection and usage of their personal information and acknowledge that they have read and accepted Company’s Privacy Notice.

14. List of Winners. You may obtain a copy of the Winner’s name(s) or a copy of these Official Rules, by sending your request via mail with a stamped, self-addressed envelope to: Curology, Inc., ATTN: Curology x Funfetti® Sweepstakes, 6195 Lusk Blvd., Suite 250, San Diego, CA 92121. Requests must be postmarked no later than October 1, 2024.

15. Social Network Disclaimer. An Instagram account may be required to enter via Instagram. If you don’t already have a(n) Instagram account, visit https://www.instagram.com  to create one. It is free to create an account. This Sweepstakes is in no way endorsed, administered by, or associated with Instagram. By participating in the Sweepstakes via the Instagram platform, participants are also subject to Instagram’s data policy and terms of use, which can be found at https://www.instagram.com. You may also enter without a(n) Instagram account by emailing social@curology.com.