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Aha! Marketing – Batiste Dry Shampoo Giveaway Rules (“Official Rules”)

Last Revised: 02/13/25

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NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.


BY ENTERING INTO THIS EVENT, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH CONSTITUTE A CONTRACT, SO READ THEM CAREFULLY.  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT, DO NOT ENTER THIS EVENT.

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1. BATISTE DRY SHAMPOO GIVEAWAY RULES: The “Batiste Dry Shampoo Giveaway Rules” (the “Giveaway”) is sponsored by Aha Marketing, LLC, d/b/a Aha! Marketing (“Sponsor”) with a principal place of business located at 1422 N. LaSalle Drive, #401, Chicago, IL 60610 (“Sponsor’s Main Office”).  â€‹â€‹

2. ELIGIBILITY: This Giveaway is open to recipients of the Batiste Dry Shampoo Program (the “Program”) that meet the following requirements:  (i) residents of the United States; (ii) who are eighteen (18) years of age or older at the time of entry (each, an “Eligible Entrant”). Each person who participates in this Giveaway is referred to herein as a “Participant”.  Each Participant is limited to one entry.  Void where otherwise prohibited.

 

As applicable, officers and employees of Sponsor, as well as members of the Sponsor’s immediate families (spouses, children, siblings, parents) and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Giveaway.  

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For the avoidance of doubt, the Giveaway is not sponsored or endorsed by Batiste Dry Shampoo (together with Sponsor, the “Giveaway Entities”).

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3. PROGRAM DATES: Entries for this Giveaway will be accepted from February 17, 2025 until December 1, 2025 (the “Entry Period”). 

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4. EVENT PROCEDURES: During the Entry Period, Eligible Entrant must submit a photo of one or more persons holding one of the samples provided in the Batiste Dry Shampoo Program (each, an “Entry”) by submitting the photo by email to sara@ahamarketing.com or by text to (312) 210-0084).          


All entries and submissions become the exclusive property of the Sponsor.  Entries that do not comply with these Official Rules, or that otherwise contain incomplete, prohibited, inappropriate, offensive, infringing or otherwise unacceptable content as determined by Sponsor, in its sole discretion, will be disqualified, and will not constitute an entry (without notice to you).  Sponsor is not responsible for entries that are incomplete, late, misdirected, undeliverable, service outages, message failures, transmission delays or any other factor affecting the availability or performance of a text messaging service. Entries that are deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Giveaway, at the Sponsor’s sole discretion.  You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of the Sponsor.  


In the event that a Participant does not comply with any of the requirements contained in this Section or that are otherwise provided for herein, at the sole determination of Sponsor, such Participant shall be disqualified. By entering this Giveaway, each Participant agrees that they have read and accepted these Official Rules.  

 

Participant represents and warrants that any photo submitted as an Entry does not infringe or violate any rights, including any rights of privacy or publicity of anyone who is pictured in the Entry, including by representing and warranting that entrant is the legal guardian of any minors pictured in the Entry.
 

5. NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS EVENT. FURTHER, A PURCHASE WILL NOT IMPROVE A PARTICIPANT’S CHANCES OF WINNING A PRIZE IN THIS EVENT.

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6. PRIZES, PRIZE VALUES, ODDS OF WINNING AND COLLECTING PRIZES: The following outlines the prize distribution.


Within 10 days of the conclusion of the Entry Period (the “Drawing Date”), a representative of Sponsor will randomly select nine (9) Prize Winners from the eligible Entries.  The odds of an Entry being randomly selected as a Prize Winner depends entirely on the number of Entries.  

 

Nine (9) Prize Winners will receive an Amazon gift card in the amount of $100.00 (each gift card, a “Prize”).  A Prize may not be transferred and is not redeemable for cash. Sponsor reserves the right to substitute a Prize with another prize of equal of greater value, as determined by Sponsor in its sole discretion. Certain terms and conditions may apply to gift cards, see gift card for details.  
 

The Prize Winners will be notified via email at the email address used to submit the Entry or text at the telephone number used to submit the Entry, as applicable.
 

Sponsor shall have no liability if a winner does not timely respond, or if the notification is rejected, unclaimed or returned undeliverable (for any reason whatsoever, including winner’s spam, junk e-mail or other security settings).  If the winner cannot be contacted, fails to claim the prize within 72 hours from the time award notification was sent, the prize may be forfeited and an alternate winner selected, at Sponsor’s discretion.  
 

7. CONDITIONS: All taxes and fees on the Prizes are the sole responsibility of each Prize Winner. Each Prize Winner may be required to provide tax information, as required by the Internal Revenue Service (“IRS”). Each Prize Winner is solely responsible for reporting and paying all applicable federal, state and local taxes related to the Prize.
 

8. MISCELLANEOUS:


a. By entering or participating, Participant unconditionally agrees to be bound by these Official Rules and the decisions of Sponsor, which shall be final. Sponsor reserves the right to disqualify any Participant or winner who, in its sole suspicion, tampers with the entry process, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. In the event of a discrepancy between these Official Rules and any creative/collateral materials relating to this Giveaway, these Official Rules will prevail.


b. All federal, state, and local laws apply, and all applicable federal and state taxes are the sole responsibility of each Prize Winner.


c. The IRS requires Sponsor to issue Form 1099-MISC for U.S. residents for each winner who receives a prize, if the amount of the prize is six hundred dollars ($600.00) or more. Sponsor will send the Prize Winner a Form W-9, which must be completed and returned to Sponsor for the Prize Winner to receive the Prize, if applicable. Any Prize Winner who fails to promptly (i.e., within ten (10) business days) provide a completed W-9, including, without limitation, his or her social security number, shall forfeit any and all rights to the Prize.


d. Sponsor is not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible Entries; (ii) any condition caused by events beyond the control of Sponsor that may cause this Giveaway to be disrupted or discontinued; (iii) any injuries, losses, or damages of any kind caused by a Prize or resulting from acceptance, possession, or use of a Prize, or from participation in this Giveaway; (iv) any printing or typographical errors in any materials associated with this Giveaway; or (v) late, lost, delayed, or damaged delivery of the Prize. Sponsor reserve the right at its sole discretion to suspend, modify or terminate this Giveaway (or portion thereof) for any or no reason, including if Sponsor determines that any portion of this Giveaway is compromised for any reason, and, if terminated, at Sponsor’s discretion, Sponsor may select the potential winner(s) for the drawing(s) at issue from among all non-suspect, eligible entries received for the applicable drawing(s) prior to action taken. 


e. For the name of the Prize Winner(s) and/or an additional copy of these Official Rules, send a request to Sponsor at Attn:  Batiste Dry Shampoo Giveaway 1422 N. LaSalle Drive, #401, Chicago, IL 60610.  Requests must be received no later than 60 days at the end of the Entry Period.   
 

9. SOCIAL MEDIA DISCLOSURE: Although this Giveaway may be advertised on Facebook, the platform X, formerly known as Twitter, Instagram, YouTube channel or other social media platforms, this Giveaway is in no way sponsored, endorsed or administered by, or associated with, Facebook, X, Instagram, YouTube or other social media platforms. Participants are providing their information to Sponsor and not to Facebook, X, Instagram, YouTube or other social media platforms. The information a Participant provides will only be used by Sponsor and its agents. By entering, Participants provide a complete release of Facebook, X, Instagram or YouTube from any and all responsibilities implied or provided by Sponsor and that this Giveaway is in no way sponsored, endorsed or administered by, or associated with, Facebook, X, Instagram or YouTube. 
 

10. USE OF DISCLOSED INFORMATION:  Information transmitted to Sponsor will generally be treated as non-confidential and non-proprietary. Except where prohibited by law, entry constitutes permission to use each Prize Winner’s name, Entry, biographical information and/or likeness for online posting and/or any other written or photographic advertising and publicity without additional compensation or consideration and without further notification. Further, by entering this Giveaway, a Participant is granting Sponsor permission to use his/her contact information to (i) contact him/her regarding a Prize and (ii) provide him/her with marketing or other informational materials related to Sponsor.
 

11. ARBITRATION: Except where prohibited by law, as a condition of participating in this Giveaway, Participant agree that (a) any and all disputes and causes of action arising out of or connected with this Giveaway, or any Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest Sponsor’s Main Office; (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will a Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Giveaway), and Participant further waives all rights to have damages multiplied or increased. PARTICIPANT, BY ENTERING, SPECIFICALLY AND KNOWINGLY WAIVES ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSOR AND PARTICIPANT. PARTICIPANT UNDERSTANDS THAT PARTICIPANT IS WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ AND UNDERSTANDS, AND HEREBY EXPRESSLY WAIVES, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 

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12. LIMITATION OF LIABILITY:  By entering the Giveaway, each Participant agrees: (a) to be bound by these Official Rules and by all applicable laws and all decisions of Sponsor which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to the Official Rules; and (d) to release, indemnify, and hold harmless the Giveaway Entities and their respective officers, directors, employees, agents and representatives  (each, a “Released Party”), from any liability (including, without limitation, liability for any property loss, damage, personal injury, bodily injury, death, loss, expense, accident, delay, inconvenience or irregularity), costs and expenses (including, without limitation, reasonable outside attorney's fees and costs) that may arise in connection with the Giveaway, any prize, or these Official Rules, including but not limited to changes to these Official Rules and/or cancellation of the Giveaway, the actions of entrants in connection with the Giveaway, events beyond Sponsor’s control, typographical errors, and or any error of any kind whether human, mechanical or electronic, including without limitation, the incorrect or inaccurate capture of entry information, regardless of the cause

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13. CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participant and Sponsor in connection with this Giveaway, shall be governed by, and construed in accordance with, the substantive laws of the State of Illinois. Sponsor reserves the right to revise these rules to comply with applicable law

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14. SEVERABILITY: If any provision(s) of these Official Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor reserves the right in its sole discretion to supplement or make changes to these Official Rules with or without notice.

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15. GENERAL: By participating in this Giveaway, Participants agree to be bound by these Official Rules and any determinations of Sponsor, as determined in its sole discretion, on all matters relating to this Giveaway, and to any Prize, all of which are final and binding. In the event that Sponsor is prevented from continuing with this Giveaway, or the integrity and/or feasibility of this Giveaway as planned is undermined by any event including but not limited to any error, virus, bugs, non-authorized human intervention, action of Participants or other causes beyond the control of Sponsor that corrupt or impair the administration, security, fairness or proper play of this Giveaway, or any fire, flood, weather event, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, or order of any court or jurisdiction, Sponsor shall have the right, in its sole discretion, to disqualify you and to abbreviate, modify, suspend, cancel or terminate this Giveaway.

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