2023 KraveBeauty Anti-Consumer Consumer Grant - Official Terms and Conditions
No purchase or payment necessary to enter or win. A purchase or payment does not increase an applicant’s chances of winning the grant. Void where prohibited by law.
These terms and conditions apply for the 2023 KraveBeauty Anti-Consumer Consumer Grant program (the “grant”) sponsored by Krave Beauty, llc., (“sponsor” or “KraveBeauty”). By entering (or otherwise participating in) the grant, applicants (defined below) agree to these terms and conditions, which are a binding contract, so read them carefully before entering. Without limitation, this contract includes indemnities to the grant from you and a limitation of your rights and remedies. Failure to comply with these terms and conditions will void your application. Participation in the promotion implies automatic acceptance by the applicant of these official terms and conditions.
All disputes will be resolved solely by binding arbitration, and applicants waive the ability to bring claims in a class action format.
APPLICATION PERIOD: The Grant application period begins at 12:01 AM Pacific Time (“PT) on April 14, 2023 and ends on April 30, 2023 at 11:59:59PM PT (the “Application Period”).
ELIGIBILITY: The Grant is open to only legal residents of the 50 United States and the District of Columbia, who, at the time of application, are:
- Age 18 or older (or the age of majority in his/her state of residence, whichever is greater) AND age 30 or under (each, an “Applicant”).
This Promotion is void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Sponsor or its subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children and siblings and their respective spouses) of, and those living in the same household of, each, whether or not related, are not eligible to enter the Grant. Grant is subject to all applicable federal, state, and local laws and regulations.
By participating in the Grant, Applicant (i) agrees to be bound by these Terms and Conditions, including all eligibility requirements, and (ii) agrees to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Grant. Failure to comply with these Terms and Conditions may result in disqualification from the Grant.
HOW TO APPLY: During the Application Period, Applicants must visit https://forms.gle/3kT5AXDfVERBsQN99 (the "Application Website") and complete the form in its entirety and upload the required materials, including providing:
- Applicant’s complete and accurate contact information where required, including email address;
- Two (2) videos created by Applicant that are at least 1 minute but not exceeding 10 minutes in length each:
- (i) Applicant describes themself and how they plan to use the grant to make a positive impact to slow down the consumerist influencer / creator industry. (a "Video");
- (ii) Applicant creates content either in short-form for TikTok, Instagram Reels, YouTube Shorts or long-form for YouTube (a "Video");
(collectively, the "Application," upon Applicant’s submission of the application form and required materials as instructed and in compliance with these Terms and Conditions, including the below requirements).
Applicants must fully complete, submit, and upload all information requested in the Application, as directed, during the Application Period in order to be eligible. All entries must include a valid e-mail address and phone number for the applicant. Applicants must acknowledge their agreement to these Terms and Conditions by clicking in the relevant box at the end of the Application. Applicants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit their Application, including any files. Applications, including attachments, that do not comply with these Terms and Conditions and/or are incomplete or inaccurate will be void, eliminated and not eligible for consideration. By submitting an Application, you represent that the materials submitted are original and have been created by you and/or that all necessary rights have been secured and disclosed in the event they were developed by others.
By submitting an Application, Applicants warrant that no information provided as part of the application is or can be deemed confidential or proprietary, considered a trade secret or privileged.
No confidential relationship is established by any Applicant and the Sponsor as a result of participating in the Promotion. None of the information submitted by the Applicant will be treated as trade secrets, confidential information, or as protected data.
There is a limit of one (1) Application per Applicant. All Entries must be received during the Application Period. All Entries become the property of the Sponsor and will not be acknowledged or returned.
Once an Application is submitted, it cannot be modified by an Application. Released Parties, as defined below, are not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Applications. No altered or incomplete Applications will be accepted.
APPLICATION REQUIREMENTS & CONDITIONS: All Applications must comply with the following minimum guidelines to be eligible:
- Applicants should be the primary subject and sole owner of the Video. No other individuals may appear in the Video, without express, written permission from such individuals. If Video features a minor under the age of majority in their state of residence, Applicant must obtain written permission from the minor's legal guardian.
- Videos must conform to the format and size requirements and limitations of the Application Website.
- Each submitted Video must be original and not violate the rights of any third party.
- No duplicate Videos or substantially similar Videos, as determined by the Sponsor's in its sole discretion, may be submitted.
- By submitting a Video taken by a third party, Applicant warrants and represents that he/she has secured all rights and clearances to the Video from the videographer and shall provide evidence of same if and when requested.
- Application cannot be profane, pornographic, sexually explicit, or suggestive or contain nudity.
- Application cannot be violent or promote firearms/weapons.
- Application cannot contain or promote alcohol, illegal drugs, or tobacco.
- Application cannot defame, misrepresent, or contain disparaging remarks about people, brands, products, or companies.
- Application cannot contain content that defaces or depicts any person, brand, product, or company in a negative or inappropriate manner.
- Application cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethnic, racial, gender, religious, professional or age group.
- Application cannot reference or contain materials embodying copyrighted images, names, likenesses, or other indicia identifying any brand, products, company, or person, living or dead, without permission.
- Application cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
- Application cannot depict illegal activity and cannot itself be in violation of any law.
- Application cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
- Application may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
By submitting an Application, the Applicant understands and grants to the Sponsor, and its respective designees, assigns, and licensees (collectively, "Licensed Parties") an irrevocable, perpetual, non-exclusive worldwide license to use their Application (including, but not limited to, the Video embodied herein), name, recordings, voice, performance, hometown, likeness and statements on the Sponsor's and Sponsor’s designee’s various websites and social media sites and in advertising and/or promotional activities worldwide in any and all media now or hereafter devised, without compensation, permission or notification, except where prohibited by law. Licensed Parties reserve the right in their sole and absolute discretion to alter, change or modify any Application, which includes the Video, as it sees fit, without approval from or notification to such Applicant. Applications must be truthful and verifiable, and Sponsor reserves the right to verify information contained in the Application. Released Parties (as defined below) are not responsible for any invalid or incorrect information provided by an Applicant.
By submitting an Application, Applicant warrants and represents that: (a) Application does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Applicant has obtained written permission from any person who may appear in the Video; (c) Applicant owns all rights to the Application (including, but not limited to, the Video embodied therein), including without limitation, copyrights, and has received prior written permission from a third party if any Video was photographed/recorded by someone other than the Applicant themself; and (d) Applicant will indemnify and hold harmless the Released Parties from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of her representations and warranties herein, the Application, or Applicant's conduct in creating the Application, the acceptance or use of any Grant, or otherwise in connection with this Promotion.
Applications posted to the promotion website are the views/opinions of the individual applicant and do not reflect the views of Sponsor in any manner.
GRANT RECIPIENT DETERMINATION: All eligible Applications received during the Application Period will be judged by the Sponsor who shall use the criteria set forth below to determine each Application's total judging score (the "Judging Score"):
- Purpose: What is the purpose of your mission and what do you wish to achieve?
- Impact: What’s the impact of your work in promoting sustainable living and conscious consumption?
- Creativity: How are you using innovative and creative ways to promote sustainable living and conscious consumption? What is the uniqueness of your approach and the potential to stand out and reach a wider audience?
- Simplicity: How are you breaking down complex and nuanced climate/sustainability topics in a more easily digestible language? How would you appeal to the mass audience who’s just starting their sustainability journey?
Sponsor reserves the right to not provide all Grants if it does not receive a sufficient number of eligible and qualified Applications.
RECIPIENT NOTIFICATION AND VERIFICATION: Potential Recipients will be contacted by Sponsor by email on/around May 31, 2023, and may be required by Sponsor to sign and return, within two (2) business days of notification an IRS W-9 Form and any other paperwork as required by Sponsor. Noncompliance will result in disqualification and an alternate Recipient may be notified.
Potential Recipients may also be required to submit to a background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity will not bring Sponsor and their respective affiliated entities into public disrepute, contempt, scandal, or ridicule or reflect unfavorably on the Promotion or Sponsor as determined by the parties in their sole discretion. Sponsor reserves the right to disqualify a potential Recipient on the basis of the findings resulting from such background check or if a potential Recipient fails to properly authorize and/or provide the required information in connection with such background check.
AWARD: The combined total of all Grants awarded to final recipients (the “Recipients”) is $15,000 U.S. Dollars (“USD”). Five (5) total Recipients will each be awarded $3,000 USD (the “Grant” or “Award”). The Grant will be sent to each Recipient in the form of ACH, wire transfer or such other mechanism as Sponsor shall choose. All federal, state and local or other tax liabilities, and other expenses relating to the acceptance of the Grant, or arising from the Grant are the sole and exclusive responsibility of each Recipient. Recipients may be issued a 1099 tax form for the actual value of the Grant. Limit of one Grant per Applicant.
GENERAL: Applicants agree to these Official Terms and Conditions and the decisions of the Sponsor, and release and hold Sponsor, and its parents, subsidiaries, affiliated companies, and all other businesses involved in the Promotion, as well as the employees, officers, directors, and agents of each (collectively, the "Released Parties"), from all claims and liability relating to their participation in the Promotion, and the acceptance and use/misuse of the Award offered. Applicants waive all rights to claim punitive, incidental, and consequential damages.
In the event of a dispute over the identity of an Applicant, submission will be deemed submitted by the "Authorized Applicant" of the email address submitted by the Applicant and such Applicant must comply with these Official Terms and Conditions. Authorized Applicant means the natural person to whom the email address is registered. Any Applicant may be required to show proof of being the Authorized Applicant to Sponsor’s satisfaction. Application materials/data that have been tampered with or altered, or mass applications or applications generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged, delayed, stolen, garbled, incomplete, inaccurate, or illegible Applications, email, mail or other communications of any kind; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Application materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive application information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to Applicant’s or any other person's computer or other device related to or resulting from participating in the Promotion.
To the fullest extent permitted under law, Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, or any factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor. If, for any reason, the Promotion cannot be run as planned, Sponsor may disqualify any suspect Applications or individuals from the Promotion and any contest it sponsors and (a) suspend the Promotion and modify the Promotion to address the impairment (to the fullest extent permitted under law), then resume the Promotion in a manner that best conforms to the spirit of these Official Terms and Conditions; and/or (b) award the Grants from among the eligible, non-suspect Applications received up to the time of the impairment using the winner determination procedure set forth above and/or as otherwise deemed fair and appropriate by Sponsor.
The Released Parties are not responsible if this Promotion cannot be administered or conducted or any Grant cannot be awarded due to cancellations, delays, or interruptions resulting or arising from acts of god, war, or terrorism, civil unrest, strikes, supply shortages, natural disasters, weather, epidemics, pandemics, communicable diseases, state emergency actions, compliance with any law or order of a governmental authority, or any other similar act, event, or occurrence beyond the reasonable control of the Sponsor. By participating in this Promotion, Applicant agrees that the Released Parties will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of any website associated with this Promotion or the downloading from and/or printing material downloaded from such site, as applicable.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Sponsor related to the Promotion. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto. As a condition of entering the Promotion, without limiting any other provision in these Official Terms and Conditions, each Applicant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations, and rules. Such third parties may use your information for their own independent purposes in accordance with their own independent privacy practices.
LEGAL WARNING: Any attempt by an individual, whether or not an Applicant, to damage, destroy, tamper, or vandalize Sponsor’s website or interfere with the operation of the Promotion, is a violation of criminal and civil laws, and Sponsor reserves the right to seek damages and diligently pursue all remedies against any such individual to the fullest extent permitted by law.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Terms and Conditions or the rights and obligations of Applicants (including winners), Sponsor, or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
By entering the Promotion, Applicant agrees that, to the extent permitted by applicable law: (a) any and all disputes, claims and causes of action arising out of or connected with the Promotion, or any prize awarded, will be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred (if any) not to exceed ten dollars ($10.00), but in no event will attorneys’ fees be awarded or recoverable; (c) under no circumstances will any Applicant be permitted to obtain any award for, and Applicant hereby knowingly and expressly waives all rights to seek, punitive, incidental, consequential, or special damages, lost profits and/or any other damages, other than actual out of pocket expenses not to exceed ten dollars ($10.00), and/or any rights to have damages multiplied or otherwise increased; and (d) Applicants' remedies are limited to a claim for money damages (if any), and Applicant irrevocably waives any right to seek injunctive or equitable relief. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to you.
In case any one or more of the provisions contained in these Official Terms and Conditions shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Official Terms and Conditions, but these Official Terms and Conditions shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the court or other tribunal making such determination is authorized and instructed to modify these Official Terms and Conditions so as to effect the original intent of these Official Terms and Conditions as closely as possible so that the terms, representations, warranties, and agreements contemplated herein are consummated as originally contemplated to the fullest extent possible.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator's decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding and confidential arbitration before a sole arbitrator elected by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York County. The federal or state law that applies to these Official Terms and Conditions will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn't apply and the dispute must be brought in a court of competent jurisdiction in New York County. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Applicant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
PRIVACY: As a condition of entering the Promotion, each Applicant gives consent for Sponsor to obtain and deliver his or her name, address, and other information to third parties, for the purpose of administering this Promotion and to comply with applicable laws, regulations, and rules, including, without limitation, the storing of your personal information for purposes of complying with state record retention requirements. Any information Applicant provides to Sponsor may be used to communicate with Applicant in relation to this Promotion or on a Promotion winner’s list. Personal information collected from applicants is subject to these Official Terms and Conditions.
OFFICIAL TERMS AND CONDITIONS AND WINNERS LIST REQUEST: To request a copy of the Official Terms and Conditions or a winners’ list, send a hand-written request and a self-addressed, stamped envelope (Washington and Vermont state residents may omit stamp on self-addressed envelope) within six (6) months after the close of the Application Period to: Krave Beauty, LLC, 228 Park Ave S #74705, New York, NY 10003.
SPONSOR: Krave Beauty, LLC, 228 Park Ave S #74705, New York, NY 10003.