2022 MRNE VVIP Program Terms & Conditions

MV Advanced, Inc. d/b/a Marie Veronique “VVIP exclusive live virtual session with Marie Veronique and Kristina Holey”
 
Terms and Conditions
 (these “Terms and Conditions”)

NO PURCHASE NECESSARY

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE. Void where prohibited, taxed, or restricted by law. Subject to all federal, state, and local laws and regulations.

  1. Description: The “VVIP exclusive live virtual session with Marie Veronique and Kristina Holey.” consists of a series of four (4) or more educational classes with Sponsor’s (as hereinafter defined) Founder and Director of Skin Health with up to ten (10) Participants (as hereinafter defined) in each class (each, a “Program Class”).  Participants in the Program (as hereinafter defined) will be entitled to (i) receive an invitation to attend one (1) complimentary Program Class, (ii) receive one (1) complimentary unit of Sponsor’s 1 fl oz Multi-Retinol Night Emulsion product (the “Program Product”), and (iii) only if Participant is a VVIP of Sponsor, designate one (1) additional person to receive an invitation to the Program subject to these same Terms and Conditions (all of the foregoing, the “Program”). The offer to participate in the Program is valid from August 16, 2022, and ends on August 24, 2022, at 11:59 PM PT (the “Offer Period”). Participation in the Program does not constitute participation into any other program, promotion, contest or sweepstakes. Participants will be accepted into the Program on a first-come first-serve basis. Each Participant participating in the Program unconditionally accepts and agrees to comply with and abide by these Terms and Conditions and the decisions of MV Advanced, Inc. d/b/a Marie Veronique, located at 1820 Solano Avenue, Suite B-2, Berkeley, CA 94707 (“Sponsor”), including Sponsor’s interpretation of these Terms and Conditions, which shall be final and binding in all respects.
  2. Eligibility: Only legal residents of the 50 United States and District of Columbia who received Sponsor’s email to participate in the Program and who, as of the date of the Program, are 18 years of age or older at the time of entry are eligible to enter the Program (each such person, a “Participant”). Minors in their states/jurisdictions of residence must have consent from their parent or legal guardian to enter the Program. Employees, officers, and directors of Sponsor and each of its respective parents, affiliates, subsidiaries, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Program (all such individuals and entities collectively referred to herein as the “Promotion Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Program or receive the Program Product.  Receiving the Program Product is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of Participant.
  3. How to Participate in the Program:

(a) During the Offer Period, each Participant will RSVP to Sponsor to be entered into the Program. No purchase necessary.

(b) Limit up to one (1) RSVP per Participant during the Offer Period, which RSVP limit may change in Sponsor’s sole discretion.  RSVPs in excess of the limit set forth in this Section 3(b) will be void by Sponsor. All RSVPs must be complete by the end of the Offer Period.  Sponsor’s database clock will be the official time-keeper for this Program.  Except as otherwise contemplated in these Terms and Conditions, personal information collected by Sponsor in connection with the Program will be used in accordance with Sponsor’s Terms of Service and Privacy Policy.

(c) PARTICIPATION IN THE PROGRAM IS SUBJECT TO THESE TERMS AND CONDITIONS, WHICH EACH PARTICIPANT AGREES TO BY PARTICIPATING IN THE PROGRAM, AND VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL ON ALL MATTERS RELATING TO THIS PROGRAM. Any potential Participant is subject to verification of eligibility. Participation in the Program will not be afforded to a Participant for which an RSVP is determined to be void or who is otherwise ineligible and Sponsor shall have no further obligation or liability in respect thereof. Any RSVPs, including contact information submitted along with any RSVP, that are incomplete or deemed by Sponsor, in its sole discretion, to be in violation of these Terms and Conditions, or to be otherwise infringing, harmful, inappropriate, defamatory, or generally not in keeping with the image of Sponsor, may be rejected and a Participant submitting such RSVP may not be eligible to participate in the Program.

(d) RSVPs must be made by a Participant, only by submitting their contact information through a link provided by Sponsor. RSVPs made by any other individual or any entity, and/or originating at any other e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and void for the Program.  Tampering with the RSVP process or the operation of the Program, including but not limited to, the use of any device to automate the RSVP process, is prohibited and any RSVP deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void.  In the event a dispute regarding the identity of the individual who actually submitted an RSVP cannot be resolved to Sponsor’s satisfaction, the affected RSVP may be deemed ineligible. The Promotion Entities shall not be responsible for incorrect or inaccurate entry or RSVP information whether caused by Internet users or by any of the equipment or programming associated with or used in the Program or by any technical or human error which may occur in processing of the RSVPs in the Program.  The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of RSVPs.

  1. Accepted Participant Notification & Verification: The eligible Participants accepted into the Program will be notified by Sponsor via email of their acceptance into the Program at the end of the Offer Period by e-mail using the contact information given at the time of RSVP. Such email notification will include a zoom link to join the applicable Program Class. Sponsor shall have no liability for any Participant’s notification that is lost, intercepted or not received by a Participant for any reason. If, despite reasonable efforts, a Participant does not respond within five (5) days of delivery of the Participant notification, or if the Participant notification is returned as unclaimed or undeliverable to such Notification, or if Participant can no longer participate in the Program or the applicable Program Class, such Participant will forfeit his or her place in the Program and an alternate Participant may be selected. If any Participant is found to be ineligible, or if he or she has not complied with these Terms and Conditions, such Participant will be disqualified and an alternate Participant may be selected. All Program Products will be awarded provided a sufficient number of eligible RSVPs are received throughout the Offer Period. Note, the Promotion Entities shall have no liability for a Participant’s failure to receive notices due to spam, junk e-mail or other security settings or for a potential winner’s provision of incorrect or otherwise non-functioning contact information.
  2. General Program Conditions:

(a) Each Participant will be eligible to participate in the Program, including without limitation, attending the Program Class or receiving the Program Product, only if such Participant fully complies with these Terms and Conditions.  All portions of the Program are non-assignable and non-transferable.  Any Program Product pictured in online, television and print advertising, promotional packaging, and other program materials are for illustrative purposes only.  All details and other restrictions of the Program not specified in these Terms and Conditions will be determined by Sponsor in its sole discretion. Sponsor cannot guarantee that all Participants will be able to attend due to scheduling or other related factors. No cash alternative or substitution of any Program element, including without limitation, the Program Class and/or the Program Product, will be allowed, except Sponsor reserves the right in its sole discretion to substitute any Program element, for any reason.   Each Participant may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Program Claim Documents”).  If a Participant is under the age of majority in such Participant’s state of residence (a “Minor”), at Sponsor’s option, the Program elements either will be given to the parent or legal guardian of such Minor Participant, or the parent or legal guardian of such Minor Participant will be required to ratify and sign Program Claim Documents, if applicable.  If a Participant (or, in the case of a Minor, such Minor Accepted Participant’s parent or legal guardian) fails or refuses to sign and return any Program Claim Documents by the deadline specified in the Sponsor’s notification, the Participant may be disqualified from participating in the Program, including without limitation, the Program Class, or receiving the Program Product.

(b) Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any product furnished in connection with the Program or any Program element, including, without limitation, the Program Class and the Program Product. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PROGRAM ELEMENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. ALL PRODUCTS AND SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM (INCLUDING WITHOUT LIMITATION ANY PROGRAM PRODUCTS) ARE FURTHER SUBJECT TO SPONSOR’STERMS OF SERVICE.

  1. General Liability Release/Intellectual Property/Force Majeure:

(a) A Participant’s participation in the Program constitutes such Participant’s irrevocable permission and license for the Promotion Entities to use Participant’s name, photograph, likeness, voice, video recordings, biographical information, statements and address (city and state) for marketing, advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Each Participant (and any Minor Participant’s parent or legal guardian) agrees that the Promotion Entities (i) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Program or any Program-related activity, or from Participant’s acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Program Product, including, without limitation, to such Program Product’s quality or fitness for a particular purpose.

(b) Participant acknowledges and agrees that any product information, including without limitation, information regarding the Program Product, shared with Participant by Sponsor in connection with the Program is confidential, and Participant’s participation in the Program constitutes Participant’s agreement to keep such information strictly confidential and not publicly share any of the same until after Sponsor’s public launch of the Program Product, currently contemplated for August 18, 2022 (the “Launch Date”), which Launch Date may be changed in Sponsor’s sole discretion.

(c) The Promotion Entities assume no responsibility or liability for any damage to a Participant’s, or any other person’s, computer system which is occasioned by participating in the Program, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.  Without limiting the generality of the foregoing, the Promotion Entities are not responsible or liable for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  In its sole discretion, Sponsor may cancel, terminate, modify, or suspend all or part of this Program should any virus, bug, non-authorized intervention or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness or proper play of the Program.  

(d) Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Program, to be acting in violation of these Terms and Conditions, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Program, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  No mechanically reproduced, illegible, inappropriate, incomplete, forged, software-generated or other automated multiple RSVPs will be accepted.  Sponsor reserves the right to modify, extend, suspend, or terminate the Program if it determines, in its sole discretion, that the Program is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Program as contemplated herein. 

(e) In the event an insufficient number of eligible RSVPs are received and/or Sponsor is prevented from sending the Program Product or continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic (including the COVID-19 pandemic), public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Program. 

(f) These Terms and Conditions cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor.  The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision.  If any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

  1. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
  2. Arbitration Provision: By participating in the Program, each Participant (and any Minor Participant’s parent or legal guardian) agrees: (a) that any and all disputes a Participant may have with, or claims a Participant may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Program, and/or (ii) the determination of the scope or applicability of this agreement to arbitrate, will be subject to the dispute resolution provisions (including without limitation, the arbitration provisions) of Sponsor’s Terms of Service.