OFFICIAL RULES  

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING

1. Eligibility: The r.e.m. flight crew Contest (the “Contest”) is open only to legal residents of the contiguous forty- eight (48) states of the United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees of Forma, LLC and their respective parents, affiliate companies, subsidiaries, Contest agencies, suppliers and members of their immediate families, are not eligible. Void in Alaska, Hawaii, Puerto Rico and where prohibited by law. For purposes of the Contest, "immediate family" is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household.
2. Sponsor(s): Forma Brands LLC, 22 Fourth Street, 4th Floor, San Francisco, CA 94103 (“Sponsor” or collectively “Sponsors”).
3. Timing: The Contest begins 9/16/22 at 12:00PM EST and ends 9/23/2022 at 12:00PM EST. (“Contest Period”)
4. How to Enter: only those entries received by r.e.m.beauty during the entry period will be valid.

During the Sweepstakes Period, users must follow @r.e.m.beauty on TikTok, like the indicated post and comment on the entry post. Entrants must have valid and public accounts to be eligible to enter. No more than one person can enter using the same TikTok account. Use of any automated system to participate is prohibited and will result in disqualification. The Sweepstake is not sponsored by TikTok. 

5. Entry Errors: Sponsor(s) are not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor(s) are not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
6. Selection of Winner: Sponsor will select [5] winners from the pool of entrants (the “Winners”). Odds of winning depend on the number of eligible entries received. The Winners will be contacted via Instagram Direct Message within 4 days after the Contest Period ends. Entrants are responsible for ensuring that their TikTok account information is up-to-date, features their Instagram account information, and is accurate. Prize notices returned as undeliverable will result in the disqualification of the potential prize winner(s) and an alternate winner will be selected. Sponsor’s decisions as to the random drawing are final and no correspondence will be entered into. Winners will have twenty-four (24) hours to confirm and claim their prize via response to the Instagram direct message. If the Winners are discovered to be invalid for any reason prior to delivery of the Prize, or if the Winners cannot be contacted or does not respond within the 24 hour time period, an alternate winner may be selected, at the sole discretion of the Sponsor.
7. Prizes: The Winners will receive one (1) r.e.m. beauty package with the following products inside: 1x spaceshape brow gel, 8x midnight shadows multi-use eye sticks, and 2x freeze-dried food products. The total value of this prize is one hundred and sixty four dollars ($164) per package.
8. Terms and conditions of Prize Drawings: Prizes are non-transferable, non-refundable and have no cash value.
9. Acceptance of Official Rules: As a condition of entry, participants fully and unconditionally agree to these Official Rules, to the Terms and Conditions of Prize Drawings and to Sponsors’ decisions, which are final and binding in all respects. Sponsors’ failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
10. Disputes: In the event of a dispute, the person to whom the TikTok account used to enter the Contest was registered will be deemed the winning entrant. Potential winners may be required to show proof of identification in conjunction with prize award/acceptance.
11. Substitution, Taxes: No assignment or transfer of prizes will be permitted, except at Sponsors’ sole discretion. WINNERS ARE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OF PRIZES.
12. Potential Winner(s), Publicity: As a condition of entry, you grant consent to Sponsors, and their respective agents to use your name, likeness, voice, and biographical information for publicity or advertising in any media or manner, without payment, consideration, notice or approval and without geographic or time limitation, except where prohibited by law.
13. Liability: You agree that Sponsors and their respective parents, subsidiaries and affiliated companies and all their advertising and Contest agencies, as well as TikTok, Inc. (the “Released Parties”), will have no liability whatsoever in connection with this Contest and, you shall hold them harmless for any injuries, losses or damages of any kind that you or others may incur as a consequence of your participation in the Contest or your acceptance, use or misuse of the prize. By entering the Contest, entrant explicitly releases, discharges and holds harmless the Sponsors, their successors and assigns and all their respective shareholders, directors, officers and employees, as well as TikTok, Inc., one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys' fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Contest and the acceptance and use or misuse of the prize. The Released Parties are not responsible for any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of the prize.
14. Conditions of Participants' Conduct: Sponsors reserve the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Contest and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. In the event that the Contest is terminated early, Sponsors will make the prizes available to be won among all eligible persons who entered prior to the date of termination and notice of such action will be posted on Sponsors’ Websites (rembeauty.com). Without limiting the foregoing, Sponsors may lock out any entrant who, in Sponsors’ sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter.
15. Disputes/Choice of Law: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or the awarding of the prizes shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in State of California (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California Law, without reference to choice of law rules, governs the Contest and all aspects related thereto.
16. Indemnification:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE SWEEPSTAKES, PARTICIPATION IN THE SWEEPSTAKES, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT. 

In no event shall Sponsors be liable to a winner or entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Contest, or any aspect of winner’s or entrant’s participation in or termination from the Contest as provided herein, even if Sponsor has been advised of the possibility of such damages. In no event shall Sponsors be liable to a winner or entrant for any amount with respect to winner’s or entrant’s participation in or disqualification from the Contest, or from the termination or cancellation of the Contest. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Contest are hereby excluded, and you expressly waive any and all such rights. 

17. General: If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules.
18. Content Rights: By using #remflightcrew you agree and grant Forma Brands, LLC and its subsidiaries including but not limited r.e.m. beauty LLC and its parents, agents, employees, successors, affiliates, and /or related entities ( collectively herein “Forma Brands”) an absolute unrestricted, non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, copy, distribute, publish, copyright, broadcast, display, combine with other materials, edit, alter and/or modify your User Content along with your name, handle, likeness in any and all forms of media, including but not limited to its webpages, social media platforms, third party websites or materials, digital and physical owned channels and any and all mediums for all promotional, marketing, advertising, promotion and sale of Forma Brands products, and any other commercial usages without any consideration or compensation due to you. Forma Brands may use, reproduce, distribute, combine with other materials, alter and/or edit your User Content in any manner in its sole discretion, without any obligation or additional permission from you.

You represent and warrant to Forma Brands that (i) you are over the age of 18, (ii) have the requisite right to transmit, distribute, replicate, and post the User Content, (iii) you are the copyright owner or have the copyright owner's permission required to grant the rights to the User Content provided herein, (iv) you hold the rights necessary to grant the licenses described herein, (v) you have obtained the consent of each person, if any, depicted in the User Content, (vi) you are the parent or legal guardian of each child under the age of 13, if any, depicted in the User Content, (vii) the User Content, and Forma Brand’s use of the User Content as permitted under these terms and conditions, do not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party, and (viii) you will comply with the Federal Trade Commission guidelines on testimonials and endorsements.

You agree to forever release, discharge, indemnify, defend, and hold harmless Forma Brands from and against, and covenant not to sue for, any claims, actions, losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, including but not limited to any claims for defamation or infringement of publicity, privacy or “moral” rights arising from or in connection with the distribution, display and/or use of the User Content, or arising out of or related to any breach of any of the above representations and warranties. You expressly and unconditionally release Forma Brands from any claims, damages, actions, or liabilities arising from Forma Brands’ use of the User Content as permitted herein.

If at any time you believe that any of the representations and warranties provided above is not correct, you must notify us immediately by sending an email to socialfam@formabrands.com and identifying the User Content along with a detailed explanation of the issue.

You understand and acknowledge that this release shall be governed by and interpreted under the laws of the State of California, without regard to its conflict of laws rules. The courts of Los Angeles County shall have exclusive jurisdiction over any and all claims in connection with this release.