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Tria New Year's Resolution 20201 Challenge - Official Rules

PARTICIPANT MUST OWN A TRIA DEVICE TO ENTER. AN ADDITIONAL PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.


ELIGIBILITY: The Tria New Year’s Resolution 2021 Challenge (the “Challenge”) is open and offered only to legal residents of the 50 United States (including D.C.) who have reached the age of majority in his or her state (or province) of residence at the time of entry (“Entrants”). Employees of Channel Investments and their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with this promotion are ineligible to enter or win. Void outside of the United States, and where prohibited by law.


SPONSOR/ADMINISTRATOR:


The Tria New Year’s Resolution 2021 Challenge is sponsored by Channel Investments, 14796 Wicks Blvd., San Leandro, CA 94577 (the “Sponsor”).


AGREEMENT TO OFFICIAL RULES:


By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Tria New Year’s Resolution 2021 Challenge. Winning the Grand Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.


ONE WAY TO ENTER:

The Tria New Year’s Resolution 2021 Challenge for the 4X Hair Removal Laser begins at 12:00 am, Eastern Time (“ET”) on January 1, 2021 and ends at 11:59 pm, Eastern Time (“ET”) on April 30, 2021 (“Challenge Period”). The Tria New Year’s Resolution 2021 Challenge for the SmoothBeauty Laser (for the face) begins at 12:00 am, Eastern Time (“ET”) on January 1, 2021 and ends at 11:59 pm, Eastern Time (“ET”) on February 28, 2021 (“Challenge Period”). The Sponsor’s database computer is the official time-keeping device for the Challenge. One (1) entry method is as follows:


  1. Sponsor’s Website: Eligible Entrants can enter the Challenge by going to the Sponsors’ Website (www.triabeauty.com) (the “Website”) during the Challenge Period and following the homepage banner links and landing page instructions to complete the Tria New Year’s Resolution 2021 Challenge. Each Entrant will be required to provide the following information via email submission to this email address owned by Tria: triachallenge@triabeauty.com

  2. Email Subject line: Tria Challenge
    Each entrant is required to provide the following information in their email submission: Full Legal Name, Email Address (if different than the one you are mailing from), Mobile Number, Date of Birth.

    Each entrant must verify which challenge they are choosing: 4X 90-DAY CHALLENGE SMOOTHBEAUTY or the 30-DAY CHALLENGE


HOW TO ENTER THE 4X 90-DAY CHALLENGE:

Submit (1) high-quality photo or video (no longer than 15 seconds) of the area(s) you plan to treat with the 4X Hair Removal Laser. These areas can include: legs, arms, underarms, face (women only), chest, back, stomach, feet, or hands before starting your 4X laser treatments, and (1) high-quality photo or video after 90 days of treatments of the same area(s) by Friday, April 30th, 2021 along with a detailed statement on how you used Tria to help accomplish your New Year’s Resolution 2021. Winners will be chosen using the following criteria: Quality and authenticity of photographs or videos submitted, and the quality of the written statement. No additional purchase necessary to win, but you must own a Tria device and include a photo of the device along with your before and after photos or video submission. Winners will be announced via Instagram Live on Monday, May 3, 2021.


Each entrant must include a written statement: How has Tria Beauty helped you with your New Year’s Resolutions in 2021? You may write up to 1,000 words, please.


HOW TO ENTER THE SMOOTHBEAUTY 30-DAY CHALLENGE:

Submit (1) high-quality photo or video (no longer than 15 seconds) of your bare face, with no filters, before starting your SmoothBeauty Laser treatments, and (1) high-quality photo or video after 30 days of treatments of the same area by Sunday, February 28, 2021, along with a detailed statement on how you used Tria to help accomplish your New Year’s Resolution 2021. Winners will be chosen using the following criteria: Quality and authenticity of photographs or videos submitted, and by the quality of written statement. No additional purchase necessary to win, but you must own a Tria device and include a photo of the device along with your before and after photos or video submission. Winners will be announced via Instagram Live on Tuesday, March 2, 2021.


Each entrant must include a written statement: How has Tria Beauty helped you with your New Year’s Resolutions in 2021? You may write up to 1,000 words, please.


Incomplete information may result in disqualification of entry. Each completed Challenge emailed registration and form will result in one (1) Challenge entry.


Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other web site or email address, including, but not limited to, commercial Challenge subscription notification and/or entering service sites, will be declared invalid and disqualified for this Challenge. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. The Sponsor is not responsible for: late, incomplete, incorrect, delayed, garbled, undelivered, or misdirected entries. Sponsor reserves the right to disqualify any person or e-mail address that submits more than maximum allowed entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.


GENERAL CONDITIONS: If for any reason the operation or administration of this Challenge is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Challenge, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Challenge in whole or in part, at any time, without notice and award the Grand Prize using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Challenge or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE Challenge IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.


Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.


RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Challenge, Entrants agree to release and hold harmless the Sponsor, the Administrator, and their respective parent companies, employees, officers, directors, volunteers, members, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim, action, injury, loss, damage or cause of action arising out of or relating to participation in the Challenge, acceptance or receipt of any prize, use or misuse of any prize, or participation in any prize-related activity, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Challenge; (c) printing errors; (d) errors in the administration of the Challenge or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Challenge or receipt or use of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Challenge or downloading any materials in this Challenge. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Challenge, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Participants agree that Released Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to the implied warranties of merchantability, title and fitness for a particular purpose), in fact or in law, relative to the Challenge. Without limiting the generality of the foregoing, the Sponsor does not make any express or implied warranties or representations with respect to the Challenge or its websites and Sponsor shall not be liable for the consequence of any interruptions or errors related thereto.


DRAWING AND NOTIFICATION: The potential Grand Prize Winners and Second Place Winners will be selected by judgement from the following criteria:


All entrants will be judged by the quality and authenticity of photographs or videos submitted, and the quality of the written statement.


All eligible entries received by the Administrator whose decisions are final and binding. The winner selection will be conducted on or about May 3, 2021 for the 4X 90-Day Challenge, and on or about March 1, 2021 for the SmoothBeauty 30-Day Challenge. Odds of winning will depend on the total number of eligible entries received throughout the Challenge Period. The potential Grand Prize Winners will be contacted by the Administrator via telephone and/or by text/email.


PRIZES: There will be one (1) Grand Prize awarded for each challenge, and one (1) Second Place Prize awarded for each challenge awarded following the conclusion of the Challenge Period. The Grand Prize Winner, upon confirmation of eligibility and providing valid shipping address within 50 States of United States of America (including D.C.) or Canada (excluding the province of Quebec), will receive the following prize package:


The Grand Prize Winners, upon confirmation of eligibility and providing valid shipping address within 50 States of United States of America (including D.C.) will receive the following prize:


- One (1) $100 VISA Gift Card


The Grand Prize package has an Approximate Retail Value (“ARV”) of $100. No substitution, assignment or transfer of the prize is permitted, except by Sponsor, who reserves the right to substitute the prize or prize component with another of comparable or greater value.


The Second Place Winners, upon confirmation of eligibility and providing valid shipping address within 50 States of United States of America (including D.C.) will receive the following prize:


- One (1) $50 VISA Gift Card


The Second Place package has an Approximate Retail Value (“ARV”) of $50. No substitution, assignment or transfer of the prize is permitted, except by Sponsor, who reserves the right to substitute the prize or prize component with another of comparable or greater value.



PRIZE CONDITIONS: By accepting the Grand Prize or the Second Place Prize, the Winners agree to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Challenge or receipt or use of the prize in question. The potential Prize Winners will be notified by phone, text, or email within five (5) business days of the date of each Challenge End Date. If a prize or prize notification is returned as unclaimed or undeliverable to the potential winner, if a potential Winner cannot be reached via phone within three (3) business days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, alternate Winners may be selected.


ALL EXPENSES OR COSTS ASSOCIATED WITH ACCEPTANCE OF THE GRAND PRIZE PACKAGE OR SECOND PLACE PACKAGE NOT MENTIONED HEREIN ARE THE SOLE RESPONSIBLITIY OF THE WINNER. THE WINNERS WILL NOT HAVE THE RIGHT TO SUBSTITUTE ANOTHER PRIZE PACKAGE. ANY DIFFERENCE BETWEEN THE STATED APPROXIMATE RETAIL VALUE OF ANY PRIZE AND THE ACTUAL VALUE OF SUCH PRIZE WILL NOT BE AWARDED. ANY UNCLAIMED PRIZE WILL NOT BE AWARDED.


PRIZES WILL BE DELIVERED BETWEEN 2-4 WEEKS UPON RECEIVING VALID MAILING ADDRESS FROM WINNERS. TRIA BEAUTY IS NOT RESPONSIBLE FOR ANY LOST OR STOLEN PRIZES VIA MAIL.


GENERAL: By accepting the Grand Prize and Second Place Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the Prize Winner’s full name, portrait, picture, submitted photographs, submitted videos,voice, likeness and/or biographical information for advertising, social media, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.


IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS PROFIT, CLAIMS OF THIRD PARTIES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS Challenge OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES.


By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Challenge or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). The Grand Prize Winners and Second Place Winners also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize(s).


USE OF DATA:

All information submitted by Entrants will be treated according to Sponsor’s privacy policy, available at https://www.triabeauty.com/privacy-policy. By participating in the Challenge and providing any personal contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.


DISPUTES: By entering the Challenge, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Challenge, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Challenge but in no event attorneys' fees; and 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Challenge, shall be governed by, and construed in accordance with United States law. Any legal proceedings arising out of this Challenge or relating to these Official Rules shall be instituted only in the federal or state courts of California, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the stated ARV, the difference will not be awarded in cash.


WINNER REQUIREMENT: Grand Prize Winners and Second Prize Winners must provide valid mailing address, within 50 States of United States of America (including D.C.), of where to send the prize to within 7 days from receiving a confirmation email from @triabeauty as a potential winner. Another winner will be chosen if the information is not received.