(c) Eligibility. Only residents of the United States who are over the age of 13 are eligible to Enter into the Giveaway (“Eligible Entrant”). By Entering in the Giveaway, you represent and warrant that: (x) you are over the age of 13, and (z) in the event you are between the age of 13 and the age of majority in the jurisdiction where you reside, you will only Enter under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Any use or access to the Giveaway, whether by Entering into the Giveaway or otherwise, by individuals under the age of 13 is strictly prohibited and is a violation of these Terms. NO PURCHASE IS NECESSARY TO BE ELIGIBLE TO ENTER INTO OR VOTE IN THE GIVEAWAY.

(d) Applicable Dates. Each Eligible Entrant may Enter into the Giveaway from and after 11 a.m. Eastern Time on October 1, 2024, through 11:59 p.m. Eastern Time on October 4, 2024 (the “Entry Period”). The prize(s) for the Winner will be awarded as soon as practicable following such announcement.

(e) Restrictions. You represent, warrant, and covenant that your Entry and other information you submit to Sweet July in connection with the Giveaway (i) do not infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) do not violate any law, statute, ordinance or regulation; (3) are not harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable.

2) Terms and Conditions.

(a) Entry Giveaway; Applicability of Terms of Service. By Entering into the Giveaway, you consent to receive marketing, advertising and promotional messages to your Instagram account and email account from Sweet July, or any of its designees (unless and until you submit an appropriate request to opt out of receiving such notifications) and you agree to be bound by the Terms of Service. The Terms of Service shall apply to all submissions in connection with the Giveaway, including but not limited to Entries, and all such submissions shall be deemed User Submissions under the Terms of Service. In the event of any conflict between these Terms and the Terms of Service, these Terms shall prevail.

(b) NO WARRANTY. THE GIVEAWAY IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE AVAILABLE” BASIS, AND SWEET JULY SKIN, AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, IN CONNECTION WITH THE GIVEAWAY. FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO OR MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

(c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL SWEET JULY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE CONTEST, EVEN IF SWEET JULY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) IN NO EVENT WILL SWEET JULY'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE GIVEAWAY, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE GREATER OF THE RETAIL VALUE OF THE PRIZE ACTUALLY AWARDED TO YOU OR TEN U.S. CENTs ($0.10). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SWEET JULY DISCLAIMS ALL LIABILITY OF ANY KIND OF SWEET JULY’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL SWEET JULY BE LIABLE IN ANY WAY FOR ANY GIVEAWAY (INCLUDING WITHOUT LIMITATION ANY USER SUBMISSIONS), INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER SUBMISSIONS), OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER SUBMISSIONS) POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

(d) Governing Law. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted under or in connection with these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Mateo County, California for any actions for which Sweet July retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Mateo County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

(e) Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SWEET JULY. For any dispute with Sweet July, you agree to first contact us at info@sweetjuly.com and attempt to resolve the dispute with us informally. In the unlikely event that Sweet July has not been able to resolve a dispute it has with you after sixty (60) days, you and Sweet July each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof, by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Alameda County, California, unless you and Sweet July agree otherwise. If you are an individual using the Products or Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Sweet July from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

(f) Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE PRODUCTS OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS YOU AND SWEET JULY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SWEET JULY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

(g) Modifications. Sweet July reserves the right to make changes to these Terms from time to time. Sweet July will post notice of modifications to these Terms on this page. You should ensure that you have read and agree with the most recent set of Terms when Enter into or Vote on the Giveaway. Continued participation in the Giveaway following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms. No other purported modification to these Terms will be effective unless in writing and signed by a duly authorized representative of Sweet July.

(h) Entire Agreement and Severability. These Terms, and any duly made modifications hereto, constitute the entire agreement between you and Sweet July regarding their subject matter. All section titles are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, all other provisions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. Neither party is an agent or partner of the other party.

(i) No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term and any other term. Any failure by Sweet July to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

(j) Survival. Any term of these Terms that, by its terms or its nature, should survive the termination of these Terms shall survive accordingly.

(k) Assignment. Neither these Terms, nor any associated rights or obligations, may be assigned or otherwise transferred by you without Sweet July’s prior written consent. These Terms may be assigned by Sweet July without restriction. These Terms are binding upon any permitted assignee.

(l) Notifications. Sweet July may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, mobile notifications, hard copy, or posting of such notice on sweetjulyskin.com. Sweet July is not responsible for any automatic filtering you or your network provider may apply to email notifications. Sweet July recommends that you add @sweetjuly.com email addresses to your email address book to help ensure you receive email notifications from Sweet July.

(m) California Residents. Sweet July’s address is 455 23rd St, Oakland, CA 94612. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

(n) Customer Service. If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact us at info@sweetjuly.com.

(o) Void Where Prohibited. The Giveaway is void wherever prohibited or restricted by any mandatory national, state or other government laws in form and language as provided herein and is subject to all applicable mandatory federal, state and local laws.