OWN Your Health: Facebook Group Offer
OWN YOUR HEALTH FACEBOOK GROUP OFFER TERMS AND CONDITIONS OFFERED ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, AGED 18 YEARS OR OLDER, WHILE SUPPLIES LAST. NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE.
1. DESCRIPTION: The OWN Your Health Facebook Group Offer (the “Promotion”) is sponsored by OWN Digital LLC (the “Sponsor”) and offered via the Sponsor’s “OWN Your Health” Facebook Group page at https://www.facebook.com/groups/907295180105969 (the “Group Page”). The Promotion begins when Sponsor makes a post on the Group Page which offers participation in the Promotion (expected to be on or about June 1, 2021), and the Promotion ends at 11:59 PM Eastern Time on July 1, 2021 or when potential gift claims have been exhausted, whichever occurs first. You are not officially a gift claimant until your gift claim process is complete (see Section 7 below for details) and you have fully complied with these Terms and Conditions.
2. ELIGIBILITY: The Promotion is open only to individuals who are legal residents of and physically located in one (1) of the fifty (50) United States or the District of Columbia (collectively, the “Eligibility Area”) who are at least eighteen (18) years old and who have a valid Facebook account as of the date of participation. Free Facebook accounts are available at www.facebook.com. Employees, officers and directors of Sponsor, OWN LLC, Discovery, Inc., Harpo Productions, Inc., and each of their respective parents, affiliates, subsidiaries, advertising and promotion agencies, distributors, co-promotion partners and any other gift suppliers and the immediate family members (spouses and siblings, children and parents and their spouses, and any “steps” of each, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible. Sponsor’s determinations of eligibility are final and may be made at any time. Void where prohibited or restricted by law.
3. AGREEMENT TO TERMS AND CONDITIONS: Participation in the Promotion constitutes each participant’s full and unconditional agreement to and acceptance of these Terms and Conditions and the decisions of the Sponsor, which are final and binding. Claiming a gift is contingent upon fulfilling all requirements set forth herein. Any participant may be disqualified at Sponsor’s sole discretion if such participant fails to comply with any of the terms of these Terms and Conditions.
4. TO PARTICIPATE: Sponsor will make a post from its account https://www.facebook.com/ownTV on the “OWN Your Health” Facebook Group page at https://www.facebook.com/groups/907295180105969 which offers participation into the Promotion (the “Promotional Post”) on or about June 1, 2021. To participate, watch the “OWN Your Health” Facebook Group page for the Promotional Post and add a comment on the Promotional Post (a “Post Comment”). Optionally, you may tag one or more friends in your Post Comment, who you believe may be interested in the Group Page. Note that any friend you tag in your Post Comment will not receive a gift in the Promotion by virtue of being tagged in your Post Comment; however, they may also participate in the Promotion if they wish (and if they are eligible under, and comply with, these Terms and Conditions) by submitting their own Post Comment.
The first 336 eligible participants to make an eligible Post Comment will be deemed potential gift recipients, pending verification of eligibility and compliance with these Terms and Conditions; see Section 6 for additional details. Note that you may check the comment count on the Promotional Post before making your Post Comment if you wish to know whether there are more or fewer than 336 Post Comments on the Promotional Post at that time.
Making a purchase of any kind is not required to participate in the Promotion or to receive a gift. Note that your Post Comment will not be considered successfully submitted if your Facebook account settings prevent Sponsor from seeing your Post Comment (i.e. your comment should be set to “public” or a similar setting that will allow Sponsor to see your Post Comment). See Section 5 below for additional requirements for your Post Comment. Post Comments and other submitted material become the property of Sponsor (subject only to terms imposed by Facebook), and will not be acknowledged or returned.
Do NOT include any of the following in your Post Comment: (a) brand names, brand images, or brand logos (besides those of Sponsor or Shea Moisture); (b) your email address, physical address, or phone number; (c) any website address; (d) executable programming of any kind, including without limitation, viruses, worms, spyware, etc.; or (e) encrypted content of any kind. Should Sponsor determine that a Post Comment is in violation of these Terms and Conditions or any other applicable terms, Sponsor reserves the right to seek to have the Post Comment removed from Facebook, to disqualify the associated participant, and/or to take other actions it deems necessary, all in Sponsor’s sole discretion.
Limit (1) Post Comment per person, per Facebook account, and per household. Post Comments submitted in excess of stated limits will be void. Use of any automated system to participate as determined by Sponsor in its sole judgment is prohibited and will result in disqualification at Sponsor’s sole discretion. Any attempt by any participant to obtain more than the stated maximum number of Post Comments by using multiple/different Facebook accounts, identities, registrations, or logins, or through any other methods, may void all of that participant’s Post Comments and that participant may be disqualified. Sponsor is under no obligation to correspond about Post Comments, nor is Sponsor required to acknowledge its receipt of Post Comments. Proof of submission of Post Comment does not constitute proof of receipt of Post Comment. In the event of a dispute as to the identity of the participant associated with any Post Comment, the authorized account holder of the Facebook account associated with the Post Comment, at time of submission, will be deemed the participant. The “authorized account holder” is the natural person assigned to the account by Facebook. A potential gift recipient may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the person who actually submitted a Post Comment cannot be resolved to Sponsor's satisfaction, the affected Post Comment will be deemed ineligible. Normal Internet access and usage charges imposed by your online service will apply. If you post updates to or receive updates from Facebook from your wireless phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further understand that by participating in the Promotion via mobile phone, if you are a potential gift recipient, the Sponsor may contact you via mobile phone, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information. Participants are solely responsible for any related equipment, application, and internet access charges, if any. In addition to compliance with these Terms and Conditions, all participation must also comply with the terms of service at https://www.facebook.com/legal/terms. Multiple participants are not permitted to share the same Facebook account.
5. ADDITIONAL POST COMMENT REQUIREMENTS: Any elements that appear in a Post Comment including, without limitation, brand names, logos, images, must be either: (a) entirely original, created by the participant; (b) property of the Sponsor and/or Shea Moisture (the “Provided Materials”); or (c) in the public domain. Sponsor and Shea Moisture grant to participants a limited revocable, non-sub-licensable, license to use the Provided Materials for the sole purpose of creating a Post Comment, if a participant chooses to do so. Use of Provided Materials is not required for entry, nor will it affect a participant’s status in the Promotion. In addition, participant recognizes that all of the right, title, and interest in the Provided Materials as well as all derivative works created using the Provided Materials (including an entry) shall vest exclusively in Sponsor or Shea Moisture as applicable, and participant will not have or take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Provided Materials except for the limited license granted to participant in these Terms and Conditions is transferred or created.
Use of any prohibited elements in a Post Comment may result in disqualification of the applicable Post Comment, in the Sponsor’s sole discretion. Participants must not engage in any violent, dangerous, or illegal behavior in creating a Post Comment. Post Comments must not violate or encourage the violation of any law, rule or regulation. Post Comments must not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, pornographic or violent material, or materials which promote hate or violence. Post Comments must not defame, misrepresent or contain disparaging remarks about Sponsor or its products/activities, or other people, products or companies. Post Comments must not defame or invade the privacy or publicity rights of any person (including, but not limited to, celebrities or celebrity look-alikes), living or deceased, or otherwise infringe upon a person's personal or proprietary rights. Post Comments that do not include all required information and do not adhere to the foregoing and following requirements or are deemed to be immoral, obscene, profane or not in keeping with Sponsor's image (all as determined by Sponsor in its sole discretion) will be considered void.
By participating in the Promotion, you represent and warrant that: (a) you are the creator of your Post Comment; (b) your Post Comment is wholly original (apart from the Provided Materials or any allowable public domain elements); (c) your Post Comment does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; (d) your Post Comment has not previously been submitted in any other promotion; and (e) you own all rights to your Post Comment (including, without limitation, the copyrights contained therein, and excluding any allowable public domain or elements or the Provided Materials).
By participating in the Promotion, if you include a photo as part of your participation, you further represent and warrant that: (a) you have obtained written permission from each person whose image or likeness is included in the photo (and if such person is under the age of 18 or has not yet reached the age of majority in their jurisdiction of residence, you have also obtained written permission from that person’s parent or legal guardian); (b) if you are not the person who took the applicable photo, you have obtained written permission from the person who took the applicable photo and such person(s) have granted all necessary rights to use the applicable photo; (c) you can and will give written copies of such permissions to the Sponsor upon request; and (d) you understand that such documents may be required in order to be deemed a gift recipient. Failure to provide said proof may result in disqualification of the Post Comment from the applicable Promotion. Sponsor's determination as to whether any Post Comment potentially violates the rights of any third party is final. Submitting a Post Comment that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you.
By participating in the Promotion, you grant the Sponsor and its affiliated companies the unconditional (subject only to any applicable rights of Facebook) and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, edit, adapt, modify, create derivative works of, exhibit, and otherwise use the Post Comment or part thereof (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. Without limiting the foregoing, Sponsor reserves the right to post an online gallery of Post Comments selected in its sole discretion, or to re-post on Facebook (or on other social media platforms, or on its own websites) any Post Comments selected in its sole discretion. Should Sponsor edit your Post Comment for purposes of re-use, you are not relieved from responsibility for compliance with these Terms and Conditions. You agree that, upon request by the Sponsor, you will sign a copyright assignment. By participating, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties (as defined below in Section 8), or any other person or entity, on the grounds that any use of the Post Comment, or any derivative works, infringes any of your rights, including, without limitation, copyrights and moral rights. You further acknowledge that, unless specified otherwise herein, the Sponsor is in no way obligated to broadcast, publish or use your Post Comment in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
Further, by participating, each participant: (a) agrees to waive any claim for reimbursement for any equipment or materials necessary to submit a Post Comment regardless of whether or not any particular Post Comment results in the participant receiving a gift; (b) acknowledges that the material that will be submitted as part of the Promotion may embody materials, suggestions, or ideas similar to those which have been developed by others or by the Released Parties (as defined below in Section 8) and hereby acknowledges that any similarity is purely coincidental and unavoidable in light of the volume of ideas that the Released Parties routinely use and consider in the course of each of their business activities, and understands that they will not be entitled to any compensation because of use by the Released Parties of any materials similar to those in an participant’s Post Comment; (c) hereby waives any right to any claim or liability with respect to the Released Parties’ use of similar materials; and (d) understands that submitting any element that is copyrighted by another individual will result in the applicable participant being responsible for any legal action the legal copyright holder might take against the Released Parties.
6. DETERMINATION OF GIFT RECIPIENTS/GIFT DESCRIPTION: The first 336 eligible participants to make an eligible Post Comment will each be deemed a potential gift recipient, pending verification of eligibility and compliance with these Terms and Conditions including the gift claim process described below in Section 7. Limit one (1) gift per person/household. Each gift will consist of a “self-care box” of 3-4 Shea Moisture items selected by Sponsor in its sole discretion, with an approximate retail value of $40 per gift. Any gift details not specified will be determined by Sponsor in its sole discretion. For the elimination of doubt, the Promotion is not a game of chance, and Post Comments will not be judged on the basis of skill. Any unclaimed gifts will not be awarded.
7. GIFT RECIPIENT NOTIFICATION, GIFT CLAIM PROCESS, AND GENERAL GIFT RESTRICTIONS: Potential gift recipients will be notified via direct message or message request from https://www.facebook.com/ownTV on Facebook. The message or message request will instruct the potential gift recipient to send a private message to the Sponsor along with the potential gift recipient’s full name, age, email address, home address (no PO boxes), telephone number, and confirmation of their eligibility and ability to accept the gift, within 48 hours after the time that the message was sent. Note that a participant should make certain they are corresponding specifically with Sponsor’s Facebook account https://www.facebook.com/ownTV before providing any information. It is recommended that participants confirm that their Facebook notification settings are turned on, such that they would be notified in a timely fashion of Sponsor’s attempt to contact them in this manner. A potential gift recipient must reply as instructed to identify themselves, confirm their eligibility and ability to accept the gift, and provide all requested contact information within such 48 hour period, or they may be disqualified in Sponsor’s sole discretion. A potential gift recipient may subsequently be required to complete a declaration of eligibility, a liability release, a copyright assignment, and (where legal) a publicity release, and any other releases or documentation deemed necessary for Sponsor’s intended use of the winning Post Comment, which must be returned within the time period specified by Sponsor at the time of such request. Proof of identity, age, and legal residence may be required to claim a gift. In Sponsor’s sole discretion, a potential gift recipient may only be notified one time as set forth above for attempted gift notification. Any gift recipient or potential gift recipient may be disqualified and deemed ineligible in Sponsor’s sole discretion if: (a) they fail to reply or to provide any required information or properly completed documents within the required time period; (b) they fail to comply with any of the terms of these Terms and Conditions; or (c) if any gift or gift notification is returned as undeliverable. In the event of disqualification of a gift recipient, at Sponsor’s sole discretion the gift may be provided to the participant who made the next eligible Post Comment, pending verification of eligibility and continued compliance with these Terms and Conditions. No responsibility is assumed by Sponsor for any incorrect or missing contact information associated with a Post Comment, or any change of such contact information after Post Comment submission. Any gift details and restrictions not specified will be determined by Sponsor in its sole discretion. No gift transfer. Unless otherwise specified herein, no gift substitution except at Sponsor’s sole discretion due to unavailability, in which case a gift of comparable or greater value will be provided. All other costs and expenses associated with acceptance and use of a gift not specified herein as being provided are the sole responsibility of the gift recipients. Sponsor will not replace any lost, damaged or stolen gifts. All taxes (including without limitation Federal, state and local taxes) in connection with a gift, and the reporting consequence thereof, are the sole responsibility of the applicable gift recipient. Unless otherwise indicated herein, all gifts are provided as-is and without warranty of any kind, implied or express. Any difference between the approximate value and actual value of a gift (or any substitution gift) will not be provided. Gift recipients should expect to receive their gifts within approximately 2 to 6 weeks following gift recipient verification. Gifts will only be shipped to an address within the Eligibility Area.
8. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Promotion, participants agree to release and hold harmless Sponsor, OWN LLC, Discovery, Inc., Harpo Productions, Inc., Shea Moisture, and Facebook, Inc., together with their respective parents, subsidiaries, affiliates, advertising and promotion agencies, gift suppliers, and advertising partners, together with the respective officers, directors, shareholders, employees, and agents of each (aforementioned individuals and organizations collectively, the “Released Parties”) from and against any and all losses, damages, rights, claims and actions arising out of participation in the Promotion or receipt or use/misuse of any gift, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Promotion; (d) errors in the administration of the Promotion or the processing of Post Comments; (e) changes to social media platform policies and procedures that may interfere with the operation of the Promotion; (f) content filtering or any malfunction/error/failure which may impact the accessibility of a Promotional Post, Post Comments, or the transmission or receipt of gift recipient verification notices (or other communications with gift recipients); (g) claims based on publicity rights, defamation and/or invasion of privacy and the collection, use and/or sharing by Sponsor of personally identifiable information of the participants; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Promotion or receipt of any gift. Without limiting the foregoing, the Promotion, all gifts, and all materials provided on or through any Promotion-related website are provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. INDEMNITY: By participating, each participant agrees to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of their Post Comment, or their conduct in creating a Post Comment or otherwise in connection with their participation in the Promotion, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
10. GENERAL: Released Parties and Internet/wireless access providers are not responsible for: (a) incomplete, lost, late, misdirected, damaged, garbled, or illegible Post Comments; (b) any technical malfunction, human error, typographical error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone/cellular network, data network, computer equipment, software or any combination thereof; (c) inaccessibility of any website in whole or in part for any reason or (d) any injury or damage to participant's or any other person's computer, mobile device or other equipment related to or resulting from participation in the Promotion. Post Comments are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Terms and Conditions. Although Sponsor attempts to ensure the integrity of the Promotion, Released Parties are not responsible for the actions of participants or other individuals in connection with the Promotion, including participants' or other individuals' attempts to circumvent the Terms and Conditions or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. If, for any reason, the Promotion (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, disease, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Promotion, Sponsor reserves the right in its sole and absolute discretion to either: (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Terms and Conditions; (b) provide the gift(s) to the participants who made the applicable eligible Post Comments which were received up to the time of the impairment, pending verification of eligibility and continued compliance with these Terms and Conditions; or (c) proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Post Comment must be made by the participant and via the means described in these Terms and Conditions only. Participants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Participants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
12. PUBLICITY: By participating, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), Facebook handle, voice, biographical information, Post Comment and written or oral statements about Sponsor and/or the Promotion (the “Materials”), for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of the Materials.
13. DISPUTES/CHOICE OF LAW: Except where prohibited, by participating in the Promotion you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any gift provided shall be resolved individually, without resort to any form of class action, and exclusively by state and federal courts with jurisdiction over Los Angeles County, California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Promotion (if any) but in no event attorneys’ fees; (c) under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses not to exceed $10.00, and further waive any and all rights to have damages multiplied or otherwise increased; and (d) your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, a participant’s 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 the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
Sponsor: OWN Digital LLC, 1041 N. Formosa Ave, West Hollywood, CA 90046 TM & © 2021 OWN Digital LLC. All rights reserved.
Any third-party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third-party trademarks in these Terms and Conditions or in this Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion. The Promotion in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to Sponsor, not to Facebook. Any questions, comments or complaints regarding the Promotion must be directed to the Sponsor and not to Facebook.