FIGS Things Are Looking Up Promotion Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD AND A STUDENT OR PROFESSIONAL IN THE HEALTHCARE FIELD (INCLUDING VETERINARY MEDICINE, NURSING, MEDICAL SCHOOL, AND MEDICAL TECHNICAL VOCATIONS).
VOID IN ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
The FIGS Things Are Looking Up Promotion (the “Promotion”) is open only to individuals who are (i) eighteen (18) years of age or older at the time of entry, (ii) a legal resident of the fifty (50) United States or the District of Columbia, (iii) a student or professional in the healthcare field (including veterinary medicine, nursing, medical school, and medical technical vocations); and (iv) will be receiving the COVID-19 vaccination and/or COVID-19 booster shot between January 18, 2021 to January 22, 2021. Void in all jurisdictions other than those stated above and where prohibited or restricted by law. The following individuals are not eligible to enter or win a prize: employees, contractors, representatives, agents, directors, and officers of Figs, Inc. (“Sponsor”), its parent, subsidiary and affiliated companies, marketing agencies, or any other parties involved in the administration of the Promotion (collectively, the “Promotion Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all other persons living in the same household. By participating in this Promotion, entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor and the judges selected by Sponsor in all matters relating to the Promotion.
- Promotion Period
The entry period for the Promotion commences on January 13, 2020 at 12:00:00PM PST and will close upon the first hundred (100) applications have been received. (“Entry Period”). Sponsor’s computer is the official time keeping device for the Promotion and will close the Entry Period in its sole discretion.
- How to Enter
To enter, during the Entry Period: Visit https://awesomehumans.typeform.com/to/IWmmuMDB and affiliated Official Rules, to complete the Promotion entry form (“Entry Form”).
Entrant may not submit more than one entry for this Promotion. Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Submissions that violate, as determined by the Sponsor, in its sole discretion, these entry requirements or do not meet the submission deadlines will be disqualified from the Promotion.
Entry in this Promotion in no way grants any license to or otherwise authorizes any entrant the right to use Sponsor’s intellectual property, including without limitation any patents, copyrights, trade secrets, designs, trademarks (including service marks), trade dress and other similar intellectual property which may exist anywhere in the world, whether registered or unregistered, and all applications and registrations with respect to any of the foregoing (collectively, “Sponsor IP”). Entrants are prohibited from using any Sponsor IP in any manner, including in URLs, on websites, or for any other use. All rights in and to the Sponsor IP are reserved by Sponsor.
In the event of a dispute as to the identity of a winner, Sponsor reserves the right in its sole discretion to disqualify the disputed entry, or to deem the winner to be the authorized account holder of the e-mail address registered to the social media account, or to otherwise verify the identity of the winner. The “authorized account holder” is defined as the natural person to whom the e-mail address is assigned by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address and the information provided in the Sponsor’s Entry Form.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, YouTube, Instagram, Vimeo or any social media platform. Any questions, comments or complaints regarding the administration of this Promotion should be directed to Sponsor and not to YouTube, Instagram, or Vimeo. You hereby agree to release YouTube, Instagram, and Vimeo from any and all liability arising from, or in connection with, this Promotion.
- Winner Selection and Notification
Upon the close of the Entry Period on January 13, 2021, one hundred (100) winners (each, a “Winner”) will be selected from all eligible entries received during the Entry Period for a giveaway of scrubs (“Prize”) not yet launched by Sponsor, whose decisions shall be final. Eligible entries will be on validation of Winner’s Entry Form.
Sponsors will privately notify the winners by message sent to each winner’s e-mail account submitted in connection with the entry form https://awesomehumans.typeform.com/to/IWmmuMDB on or about January 13, 2021 and January 14, 2021 with further details of the Promotion.
As a condition of receiving a Prize described below, each Winner must sign and return any documents requested by Sponsor, including but not limited to, an affidavit of eligibility and release of liability and an Appearance Release within five (5) days of accepting the Prize. The Winners will be issued an IRS Form 1099 in the amount of the actual retail value of the Prize and must provide Sponsor with his/her valid Social Security Number or Taxpayer ID for tax reporting purposes. Noncompliance with this requirement will result in disqualification and Sponsor reserves the right to announce a substitute winner based on the Entry Forms provided.
Subject to compliance with these Official Rules and the execution and delivery of any further content assignments, appearance releases or other documents requested by Sponsor, one hundred (100) Winners will receive a pair of not-yet released FIGS scrubs (“Prize”). The total ARV of all Prizes in this Promotion is $86. The Prize may only be redeemed by submitting any applicable documentation to Sponsor at email@example.com and compliance with confidentiality provisions. Sponsor shall determine the types of acceptable documentation to be submitted to claim such Prize. Sponsor shall express ship the Prize to the address listed in the entrant’s entry form for the Promotion. Any delays will be communicated to Winner. Any announcements via email and social media will be communicated to Winner and upon consent of all parties involved.
All costs and expenses associated with Prize acceptance and use not specifically provided herein are the responsibility of each Winner. The right to receive a Prize cannot be transferred, assigned or redeemed for cash. No Prize substitution is permitted, except at the sole discretion of the Sponsor. If a Prize or component of any Prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a Prize or component with one of comparable or greater value.
SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION. BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT AGREES TO RELEASE AND HOLD SPONSOR AND THE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES OF SPONSOR, THEIR AFFILIATES, SUBSIDIARIES, ADVERTISING, PROMOTION, AND FULFILLMENT AGENCIES, AND LEGAL ADVISORS, HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND IN CONNECTION WITH THE PROMOTION OR RESULTING FROM ACCEPTANCE, POSSESSION, OR USE OF ANY PRIZE, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY.
Except where prohibited, by entering the Promotion, entrant grants Sponsor and its agents and licensees a worldwide, royalty-free, irrevocable right and license, sublicensable through multiple tiers, to publish distribute and otherwise use entrant’s name, likeness, voice and username in any way, at any time, in connection with his/her participation in the Promotion in any and all media, for any purpose, without any additional approval or consent of, and without consideration to, the entrant.
Winner understands that they may be exposed to information about FIGS's products that have not yet been disclosed to the public (collectively, the “Confidential Information”). Winner shall maintain the confidentiality of all Confidential Information disclosed to in connection with this Promotion, and shall hold all Confidential Information in strict confidence. I further agree to refrain from disclosing or using Confidential Information for any purpose other than participating as a Winner. The obligation to maintain the confidentiality of Confidential Information shall continue until January 22, 2021.
Winner further agrees to the following:
(a) Not to post any pictures, reviews or comments on any social media outlet or the internet or print, describing or showing the pair of scrubs to be received as the Promotion Prize, if selected as a Winner;
(b) Not to make the Prize available for inspection to anyone, for any reason, other than you and FIGS until January 21, 2021.
Please note that an authorized representative of FIGS will be in touch with Winner on next steps, should you be selected as a Winner of the Promotion.
- Limitation of Liability
Sponsor and the Promotion Parties (collectively “Releasees”) assume no liability and are not responsible for, and entrant hereby forever waives any rights to any claim in connection with the selection and announcement of any Winner, the distribution of any Prize, the acceptance/possession and/or use/misuse of any part of the Prize and/or any injury or damage to any entrant’s or third party’s property related to or resulting from any part of a Prize or any part of this Promotion. No responsibility or liability is assumed by Releasees for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Promotion: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any transmissions to be sent or received; lost, late, delayed, or intercepted transmissions; unauthorized human or non-human intervention in the operation of the Promotion, including without limitation, as a result of unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Promotion. Sponsor is not responsible for (i) lost, late, incomplete, illegible, indiscernible, or misdirected entries or for any typographical errors in the announcement of the prize or these Official Rules, (ii) any inaccurate or incorrect data contained on Sponsor’s website or promotional materials, or (iii) any error in the administration of the Promotion or announcement of the prize and/or all Promotion-related materials. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained resulting from participation in the Promotion or receipt or use of the prize. As a condition of entering, entrants agree (and agree to confirm in writing if requested by Sponsor): (a) to forever discharge, release, and hold harmless Releasees from any and all claims, liabilities, injuries, losses, damages, causes of action, suits, and demands of any kind arising from or in connection with the Promotion or the prize, however caused; (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, consequential, or any other damages; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
- LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- Sponsor’s Reservation of Rights
If the Promotion is not capable of running as planned for any reason, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, shipping delays or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process or otherwise acts in violation of these Official Rules, and to cancel, modify, or terminate the Promotion. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Promotion.
- Equal Opportunity
Sponsor is an Equal Opportunity Employer and Company. It is of the policy of Sponsor to provide equal opportunity without regard to race, color, religion, sex, national origin, age, handicap or veteran status. Sponsor does not discriminate with respect to the Promotion and/or sponsored events based on race, color, creed, sex, age, national origin, religion, handicap, sexual orientation, marital status, veteran status or any other basis prohibited by applicable laws and regulations.
- Governing Law and Jurisdiction
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 the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By entering, you consent to the jurisdiction and venue of the state and local courts located in Los Angeles, California and the federal courts located in the County of Los Angeles for the resolution of all disputes and agree that any and all disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
You agree that Sponsor is permitted to send you promotional emails and reminders about Sponsor’s products and services. PLEASE NOTE: AGREEING TO RECEIVE FUTURE E-MAIL UPDATES WILL NOT AFFECT THE OUTCOME OF THE PROMOTION AND YOU CAN UNSUBSCRIBE AT ANY TIME.
- No Waiver/Severability. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
FIGS, Inc., 2834 Colorado Ave, Suite 100, Santa Monica, California 90404.