FIRSTAIDBEAUTY.COM TERMS & CONDITIONS
YOUR USE OF THIS WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.
WE RESERVE THE RIGHT TO UPDATE THESE TERMS AT ANY TIME BY POSTING AN UPDATED COPY OF THE TERMS TO THE SITE AND YOU WAIVE THE RIGHT TO NOTICE OF ANY SPECIFIC CHANGES TO THESE TERMS. BY CONTINUING TO ACCESS AND USE THE SITE AFTER THESE TERMS ARE UPDATED, YOU AGREE TO THE UPDATED TERMS.
Personal Use of Sites
Unless otherwise specified, the Site is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed on the Site ("Content"), including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity. Subject to any expressly stated restrictions or limitations on the Site relating to specific material, you may electronically copy and/or print hard copy portions of Content solely for your own noncommercial use, or to place an order with us. Any other use of Content, including the modification, reproduction, distribution, republication, display or transmission of any Content, without our prior written permission is strictly prohibited.
You agree not to collect and/or use any product descriptions, images, listings or prices except for your own personal noncommercial use or to place an order with us.
You agree that you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or use or access to the Site, including without limitation any "scraping" or using any robot, spider or other automated means. Running or displaying this Site or any information or material displayed on this Site in frames, via "in-line" linking or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web site must comply with all applicable laws, rule and regulations. You may not use any meta tags or other "hidden text" utilizing our name or any of our trademarks, or those of any manufacturer of products featured on this Site, without express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (c) bypass any measures we may use to prevent or restrict access to the Site.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to First Aid Beauty, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of First Aid Beauty, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
Accounts and Registration
Please note that you may choose to use the Site and make purchases without creating an account.
If you choose to create a First Aid Beauty account (“Account”), you must:
- Provide us with your name, a valid e-mail address, and such other information as we may require from time to time; and
- Create a username and password.
Making a Purchase
If you wish to purchase products described on the Site, you will be asked to supply certain information, including but not limited to your shipping address and credit card or other payment information. You agree that all information that you provide to us will be accurate, current and complete. You agree to pay all charges incurred through your Account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We will charge your credit card when your item is purchased. Credit card orders shipped to a location other than your billing address may require additional verification. All monetary transactions on the Site take place in U.S. dollars.
You are permitted to purchase products or services via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us. We make no promise that products and services described on the Site are appropriate or available for use outside of the United States. Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via the Site.
We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.
The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including, but not limited to: Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen.
We strive to describe our products as accurately as possible on the Site. However, we do not warrant that the product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown.
When you place an order for an item through the Site, the item will be shipped to the address you designate as the “Shipping Address” during the check-out process. Orders will only be shipped to addresses within the 50 states of the United States of America, the District of Columbia, the U.S. Virgin Islands, and Puerto Rico. We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.
There is a shipping charge for all orders that do not meet the $50 USD minimum purchase requirement. Expedited shipping may be purchased at additional cost. For more detail on our shipping policies, visit: https://www.firstaidbeauty.com/customer-service#customer-service-title-2.
Discount Codes, Promotions and First Aid Beauty Rewards Program
From time to time in our sole discretion, we may offer “discount codes,” “promotional codes,” “promo codes,” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Site. Such offer codes may be subject to certain exclusions or other restrictions as determined and communicated by us. Only valid offer codes provided or promoted by First Aid Beauty will be honored at checkout. Codes supplied or promoted by third-parties unauthorized by us will be invalid. Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us. Offer codes may not be combined and customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the ‘Apply Discount’ or coupon field prior to checkout. We are not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is refunded. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
Offer codes may be offered as part of First Aid Beauty’s customer loyalty program called First Aid Beauty Rewards (the “Rewards Program”). Your eligibility to participate in, as well as your participation in the Rewards Program, shall be governed by the First Aid Beauty Rewards Program Terms set forth at: Referral Program Terms . By participating in First Aid Beauty Rewards, you agree to the First Aid Beauty Rewards Program Terms.
In addition to offer codes, from time to time First Aid Beauty may conduct sweepstakes and other contests and promotions (“Contests”). Your eligibility to participate in, as well as your participation in any such Contests shall be governed by the specific set of terms and conditions (the “Contest Rules”) governing the Contest, as the same are made available for review at the time of the submission of an entry into the Contest. By participating in a Contest, you agree to the applicable Contest Rules.
We only accept returns on items purchased directly from us through Firstaidbeauty.com within 30 days of order receipt. Items purchased through any of our retail partners must be returned to the place of purchase. All items marked FINAL SALE will not be eligible for a return or exchange. In order to return your new or gently used online purchase, follow these steps:
- If you have an Account with us, log into your Account and request a new return under the “Returns” section of your Account.
- You may also email us, please email us at firstname.lastname@example.org please include your order number, name, email address, and phone number. Please note your original shipping and handling charges will not be refunded.
- We can provide you with a pre-paid return shipping label for you to send back your item(s). $5 will be deducted from your total refund if you choose to use the pre-paid shipping label. You may also send your return back to us using a shipping method of your choice, and you are responsible for the cost of the return shipping and handling. First Aid Beauty is not responsible for returned items lost during transit. Your refund will be processed in 7-10 business days after we have received your items.
Please return all packages to:
- First Aid Beauty
- ATTN: RETURNS
- 555 Gotham Parkway
- Carlstadt, NJ 07072
These Terms govern your conduct, your rights, and our rights with respect to any text, photograph, video, post, communication, music, audio/sound recording, artwork, ratings, reviews or other materials or information you submit to the Site ("Submission"). When you submit a Submission, you agree to the following:
- your Submission is original, accurate, created by you, and not an impersonation;
- you are currently a bona fide user of the First Aid Beauty product(s) mentioned in your Submission and your Submission reflects your true and honest opinion of and current experience with such products(s);
- you are over the age of majority, or, if a minor, your parent or legal guardian consents to your submission;
- you are not an employee of First Aid Beauty, nor do you work for an affiliate or agency of First Aid Beauty hired to promote and/or sell First Aid Beauty products;
- your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for First Aid Beauty or any third party;
- your Submission is made without any prior payment or promise of payment for your proposed Submission now or in the future;
- your Submission is not false, misleading, offensive, profane, vulgar, obscene, derogatory, defamatory, libelous, slanderous, or otherwise inappropriate;
- your Submission does not contain content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
- your Submission does not contain content which violates any law, statute, ordinance or regulation or content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
- your Submission does not contain material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
- your Submission does not contain content which includes third party websites, addresses, email addresses, contact information, phone numbers, other information or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with First Aid Beauty;
- your Submission does not contain programming or materials containing any Trojan horses, viruses, worms, harmful code, or other potentially damaging information, programs, or file; and
- First Aid Beauty’s use of your Submission does not violate these Terms and will not cause injury to any person or entity
If the Submission is related in any way to a promotion, sweepstakes, contest, giveaway, or similar program, the specific Promotion Rules (as defined above) apply. Any opinions, advice, statements, services, offers, or other information contained in Submissions expressed or made available on the Sites are those of the respective author(s) or distributor(s) and not of First Aid Beauty. We neither endorse nor guarantee the accuracy, completeness, or usefulness or any such Submission.
By submitting a Submission, you grant to First Aid Beauty:
- a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to access, use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, display, and perform such Submission(s), in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on First Aid Beauty's web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);
- an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively "Your Personal Content") as contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on First Aid Beauty's web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).
You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above
By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, First Aid Beauty and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Content embodied in such Submission or the exploitation of any of the First Aid Beauty's rights as noted above.
You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in this Agreement at a later time. First Aid Beauty does not guarantee that you will have any opportunity to edit or delete your Submission. You acknowledge that you are solely responsible for the contents of any Submission(s).
Finally, we appreciate hearing from the public and welcome your comments regarding the Site and/or First Aid Beauty products. If you send us any creative ideas, suggestions, inventions, or materials (“Creative Ideas”), you agree that we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Code of Conduct
By accessing or using any Site or any other feature provided through our Site, including but not limited to, when submitting a Submission to our Site, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:
- Use the Site in breach of these Terms;
- Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any Site or use or access to the Site;
- Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity
- Impersonate another person or entity;
- Promote, solicit, or participate in any multilevel marketing or pyramid schemes;
- Solicit personally identifiable information from or exploit any individual under eighteen (18) years of age;
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated to a forum’s designated topic or theme;
- Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the website;
- Gain unauthorized access to any computer system or nonpublic portion of the Sites or interfere with or disrupt the Sites, servers, or networks connected to the Sites;
- Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Sites’ users;
- Use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability; or
access the Site from a jurisdiction where it is illegal or unauthorized.
First Aid Beauty cannot and does not assure that other Users are or will be compliant with the foregoing Code of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Links to Other Sites
The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and be sent to
- First Aid Beauty
- ATTN: DMCA Notice
- 70 Bridge Street, Suite 203
- Newton, MA 02458
Released Parties Defined. “Released Parties” include First Aid Beauty Ltd., and its affiliates, officers, employees, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIRST AID BEAUTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $10.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
These Terms and the relationship between you and us will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association on a single plaintiff basis. Any such arbitration will be conducted in Atlantic City, New Jersey. You agree to submit to the exclusive jurisdiction of arbiters in this forum and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible. You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of the Site:
- YOU AGREE TO ARBITRATION.
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
Changes to these Terms
First Aid Beauty reserves the right to change or modify these Terms, in whole or in part, at any time in its sole discretion upon notice to you by electronic means, including by posting such information and materials online at the First Aid Beauty Website. Any changes or modifications will be effective immediately upon posting the revisions to the First Aid Beauty Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following any such changes or modifications confirms your acceptance of these Terms and such changes or modifications. If you do not agree to these Terms, you must stop accessing and using the Site.
These Terms, including any other First Aid Beauty terms or policies linked to from within these Terms constitute the entire agreement between you and us with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site, except as specifically set forth in these Terms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other contracts. Any rights not expressly granted herein are reserved.
If these Terms do not address your question, or if you would like to report a violation of our Code of Conduct, please contact us as follows:
Copyright 2020 FIRST AID BEAUTY. All rights reserved.
FAB AID OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
- 1. CONTEST PERIOD: The FAB AID Contest (the “Contest”) starts at 7:00 AM Eastern Time (“ET”) on 2/28/2020 and ends at 5:00 PM ET on 8/31/2020 (the “Contest Period”).
- 2. ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States & the District of Columbia and Canada (excluding Quebec), who have reached the age of majority in their state or territory of residence as of the last day of the month prior to date of entry and have graduated or will graduate from an accredited undergraduate 4-year university in the calendar year 2018, 2019 or by 8/31/2020. First Aid Beauty LTD (the “Sponsor”), and its parents, subsidiaries, divisions, affiliates, employees, directors, shareholders, suppliers, distributors and advertising, promotional and judging agencies, including Don Jagoda Associates, Inc. (“Administrator”) and Sephora (collectively with Sponsor and Administrator “Indemnitees”) and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not) are not eligible to participate or win. Void in Quebec and where prohibited by law. All federal, provincial, territorial, municipal and local laws and regulations apply.
- 3. HOW TO ENTER: To enter the Contest, you must have an Instagram account and be a follower of the First Aid Beauty (@firstaidbeauty) Instagram account. An Instagram account is required to enter and can be opened for free by downloading the Instagram application from the Apple store or Google Play. During the Contest Period, visit fabaid.com and complete the on-screen registration form, including (but not limited to) your Instagram handle, graduation information, and student debt information. You must also upload a video (up to 2 minutes in length) and an optional short essay (up to 250 words) describing how student loans have impacted your life and what it would mean to you to have a future without student loan payments (“Entry”). Video can be up to 125 MB and in one of the following formats: mpeg, mp4, avi, mov or flv. Entries must be complete to be eligible.
Your Entry must comply with the following guidelines to be eligible:
- Your Entry should be of you only. No people other than yourself should be depicted in your Entry.
- Your Entry must be original to you and you must own all rights in the Entry and all other content submitted in connection with the Entry and grant Sponsor the License described below.
- You must either take the video yourself or if someone else takes it, you must require the videographer (who must not be professional) to grant you ownership of the video before you submit it and make clear the video will be submitted in this Contest for use by Sponsor.
- Your Entry must not include any representation of celebrities, athletes, musicians, or any other public or private figure, include any anti-social, political or religious groups, any commercial solicitation or promotional materials and your video must not include your or any other person’s/companies’ full name, address, phone number, or URL address. Entry must not contain advertisements, personal solicitations or commercial solicitations.
- Your Entry must not feature beer, distilled spirits (i.e., hard liquors, malt beverages), tobacco products (including cigarettes, cigars, pipe tobacco, chewing tobacco and snuff), fireworks, firearms and ammunitions, prescription drugs, illegal drugs and related drug paraphernalia, nutritional supplements, lotteries and gambling.
- Your Entry must not have been submitted previously in a promotion or contest of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your circle of friends and family through your social networking sites) through any means.
- Entry must not contain material that is inappropriate, unsuitable, indecent, profane, obscene, hateful, tortuous, defamatory, slanderous or libelous (including but not limited to words or symbols that may be considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group).
- Your Entry must not contain material, words or symbols that promote bigotry, racism, hatred or harm against any group or individual or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Your Entry must not contain material that is, in Sponsor’s sole discretion, obscene, profane, lewd, defamatory, contains any third-party materials, other than First Aid Beauty, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or make reference to any commercial/corporate advertising (including but not limited to, corporate logos, brand names, slogans, political, or religious statements), or is otherwise objectionable.
- Any clothing or accessories worn by you in the video should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party materials other than First Aid Beauty.
- Entrants and all submitted Entries must be in keeping with Sponsor's image/Sponsor’s brand image as determined by Sponsor/Administrator, in its sole discretion. The Entry must not disparage Sponsor, persons or organizations associated with Sponsor, or any other person or entity.
- Entries must not reference any of Sponsor’s competitors or any other third party.
Any Entry that violates any of the guidelines above or that is deemed inappropriate or containing unsuitable material, in Sponsor’s sole discretion may be disqualified.
Limit one (1) Entry per person. By submitting an Entry, you represent that you are a legal resident of the 50 U.S., D.C., or Canada, excluding Quebec, who has reached the age of majority in your territory of residence as of the last day of the month prior to date of entry, you have graduated or will graduate from an accredited 4-year undergraduate university in the year 2018, 2019 or by 8/31/ 2020 and you have read and agree to these Official Rules.
Standard data fees/rates may apply. See your wireless provider for pricing plan details. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All Entries become the sole property of the Sponsor and will not be returned.
- 4. GRANT OF RIGHTS: Once submitted, Entries cannot be modified by entrant. By submitting an Entry, each entrant gives permission (and warrants and represents that he/she has obtained all rights necessary from third parties to give such permission and grant the license herein described) to Sponsor and its licensees, sublicensees, successors, and assigns (collectively, the “Rights Holders”), the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license (including but not limited to, all intellectual property and proprietary rights including without limitation patents, trademarks, and copyrights) to use, perform, exhibit, edit, adapt, reproduce, manufacture, construct, tailor, distribute, sell, offer to sell, import and/or otherwise exploit the Entry, and the entrant’s likeness (both as depicted in the Entry and otherwise), name, voice and biographical information (including, but not limited to, city and state/province of residence), in any manner and in any and all distribution channels, venues, formats and media now or later known or developed (collectively, the “License”) without compensation (where permitted by law) and without review, approval or notice, to the extent permitted by law. The rights granted pursuant to the License shall also include, without limitation, the right to: (a) change, alter, distort, edit or revise the Entry, or any part thereof; and (b) make derivative works based on the Entry, or any part thereof. Entrant agrees to sign any documents required by Sponsor upon request (and without compensation) to confirm such License. Sponsor is not obligated to exercise any of the rights granted in these Official Rules. Entrant further agrees that (a) Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) and that he/she has no expectation of privacy as to his/her Entry and (b) Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) his/her Entry and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.
Sponsor grants to each qualified entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use its and/or its licensor's trademarks solely for purposes of and limited to their Entry submitted in this Contest; such right and license will automatically expire without further act of any party at the expiration of the Contest Period, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of Sponsor’s and/or its licensors’ trademarks will be a violation of Sponsor’s or its applicable licensors’ intellectual property rights.
- 5. JUDGING: Each submitted Entry will be judged by a panel of Sponsor-selected judges to determine the Grand Prize winners based on the following judging criteria: Perseverance – 25% (speaking to the past/present), Aspiration – 25% (dreams for the future), Authenticity - 25% (personal story), Passion – 25% (enthusiasm, energy, excitement). In the event of a tie, tied Entries will be re-judged by the judges based solely on Perseverance. Decisions of judges/Administrator are final with respect to all matters relating to the Contest.
- 6. PRIVACY: Trust is a cornerstone of Sponsor's corporate mission and the success of their business depends on it. Sponsor is committed to maintaining your trust by protecting personal information they collect about you. Information collected from Entrants is subject to Sponsor and Administrator’s Privacy Policies. Sponsor: https://www.firstaidbeauty.com/privacy-policy. Administrator: https://dja.com/privacy-policy/.
- 7. WINNER NOTIFICATION/VERIFICATION: The potential Grand Prize winners will be contacted via email on or about 11/10/2020 by the Administrator and will be required to sign and return, via email, a Declaration of Eligibility & Liability Release, and where legal, a Publicity Release and Assignment of Rights within three (3) days or prize will be forfeited. If necessary, if prize notification is not completed and returned within three (3) days or is returned as undeliverable, an alternate will be determined. Sponsor and Administrator reserve the right to conduct a background and bankruptcy check on all potential winners in order to be confirmed a Grand Prize Winner. The Sponsor reserves the right in its sole discretion to disqualify any potential winner based on the results of such background and bankruptcy checks, if Sponsor determines in its sole discretion that awarding the prize to such potential winner might reflect negatively on Sponsor. All loan information received by Sponsor will be verified to ensure they are related to educational expenses only, and the Sponsor reserves the right in its sole discretion to disqualify any potential winner that has a loan not used for educational purposes or choose to only pay the portion of the loan that they deem related to educational expenses. By winning a prize, you understand that Sponsor and its agencies have the right to promote, advertise and post your winning Entry, including all components, in any way they see fit.
- 8. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Grand Prizes (A minimum of 10 winners): Each winner will receive their student loans paid off by Sponsor up to USD $100,000 directly to the lender. No transfer or substitution for Grand Prize (or portion of Grand Prize) will be permitted, except at the sole discretion of the Sponsor for any reason, and, in such circumstance, an alternate prize of equal value will be awarded and the Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation will be provided. If a winner has less than USD $100,000 in student loan debt at time of winner notification, they will not be entitled to cash or a check for the remainder of the prize. It is each winner’s sole responsibility to provide Sponsor and Administrator with their student loan debt lender information in a time specified by Sponsor/Administrator or winner may be disqualified. If a lender does not accept payment from a third party, Sponsor reserves the right to award the Grand Prize in the form of a check to the winner to pay off the loan.
All federal, state and local taxes are the sole responsibility of the winners. The winners will be issued a 1099 tax form for the actual value of prize.
- 9. LIMITATIONS OF LIABILITY; RELEASE: Indemnitees are not responsible for late, incomplete, misdirected, inaccessible Entries, Internet connections or email; or for any computer, telephone, wireless, satellite, cable, network, electronic, Internet or phone hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net/accessibility, availability, or traffic congestion, Internet contact, or any technical error, or program errors or malfunctions or unauthorized human intervention, or the incorrect or inaccurate capture of Entry or other information, or the failure to capture, or loss of, any such information, or for any human error, technical error or other error of any kind in connection with the offering or operation of the Contest. The Indemnitees are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the website (or any other website). If for any reason the Contest is not capable of running as planned (in whole or in part), as solely determined by Sponsor, including but not limited to by infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures that can corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest (in whole or in part). In such event, Sponsor shall conduct the Contest and award the prizes in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. Notice of cancellation/termination/modification/suspension of the Contest will be posted on the Fab Aid Beauty Instagram page. The right is reserved by Sponsor to disqualify any individual found, at its sole discretion, to be tampering with the entry process or the operation of the Contest or website, to be acting in violation of the Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Indemnitees are not responsible for any injury or damage to entrant's or any other person's computer/mobile phone or device related to or resulting from participation in or downloading (or uploading) any materials from this Contest. Entrants further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW. By submitting an Entry, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Indemnitees and all other companies involved in the development, operation or marketing of the Contest or the provision of any prize or any component of any prize, and the successors and assigns of each of the foregoing, and the directors, officers, employees and agents of each of the foregoing (the “Released Parties”) from and against any and all claims, causes of action and liabilities of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Contest, participation in the Contest, the acceptance, receipt or use of any prize or any component thereof and/or any use of the entrant’s name, likeness, voice and/or biographical information, any statement attributed to the entrant and/or any Entry or any component thereof, including without limitation any and all claims, causes of action and liabilities, including those (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, copyright infringement, misappropriation, defamation or violation of any other personal or proprietary right or (c) or based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties.
- 10. ADDITIONAL CONDITIONS: By participating, entrants agree to be bound by and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. By participating in this Contest, entrant agrees to release and hold harmless Indemnitees from any and all actions, claims, injury, loss or damage (whether due to negligence or otherwise) to person(s), including death, and property or breach or failure or any representation of warranty arising in any manner, directly or indirectly, from participation in this Contest and/or from the acceptance, misuse or use of any prize.
SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- 11. DISPUTES: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or the prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Ohio in the U.S. 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of Ohio in the U.S., without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
- 12. SPONSOR/ADMINISTRATOR: The Sponsor of the Contest is Fab Aid Beauty LTD, 70 Bridge Street, Suite 203, Newton, MA 02458 USA. The Administrator of the Contest is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, New York 11747 USA.
- 13. WINNERS: For the names of the winners, available after 11/10/2020 send a 3” x 5” paper with your complete name and address, no later than 12/31/2020, to: The FAB AID Contest Winners, c/o Don Jagoda Associates, Inc. (Attn: SG), 100 Marcus Drive, Melville, NY 11747 USA.