Himalaya Botanique Toothpaste
2019 “Share Himalaya” Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
MUST BE 18 YEARS OF AGE OR OLDER TO ENTER. VOID WHERE PROHIBITED BY LAW.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. When you enter the Promotion, Instagram will not collect your personal information. By entering the Promotion, an Entrant agrees to release and hold harmless Instagram from any and all liability associated with this Promotion.
Information on how to enter, the prizes and rules for redeeming the prizes form part of the terms and conditions of entry for the Sweepstakes. Participation in the Sweepstakes is deemed to be acceptance of these official rules (“Official Rules”) and any other notices referenced herein.
In these Official Rules, the term “you” refers to any person who enters, or who wishes to enter, the Promotion.
The Sweepstakes is open only to legal residents of the United States who are at least eighteen (18) years old and have an Instagram account. Employees of Himalaya USA, its parent companies, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate families (spouse, parents, siblings, and children) and household members of those employees are not eligible to enter or win.
The Sweepstakes is sponsored and administered by Himalaya Drug Company, located at 1101 Gillingham Lane, Sugar Land, TX 77478 (“Sponsor”).
Agreement to Official Rules:
By entering, you indicate your full and unconditional agreement to (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
The Sweepstakes begins at 12:00 AM Central Time (“CT”) on June 1, 2019 and ends at 11:59 PM CT on, December 31, 2019 (the “Entry Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
How to Enter:
- 1. If you don’t already follow @himalayausa on Instagram, visit https://Instagram.com/himalayausa and click on the icon to follow @himalayausa.
- 2. Once you are following @himalayausa during the Sweepstakes Period, post a photo of Himalaya Toothpaste on your wall or your feed, tag the photo with #sharehimalaya and @himalayausa on eligible Instagram posts (published between June 1 and December 31, 2019) and you will be entered for a chance to win.
Posts must be made on Instagram wall and NOT on the story function, so that the entry may still be up at the close of the monthly entry period and may be included in the random winner selection.
Entries will not be acknowledged. There is a limit of one (1) entry per person per calendar month during the Entry Period. Multiple entrants are not permitted to share the same Instagram account. If you attempt to obtain more than one (1) entry by using multiple/different Instagram accounts, identities, registrations, or logins, or through any other methods, Sponsor may exclude you from participating in the Sweepstakes. When you enter, you are providing information to Sponsor. No purchase necessary.
By entering on Instagram, you agree that your Entry conforms to the Submission Requirements as defined below (“Submission Requirements”) and that Sponsor, in its sole discretion, may disqualify you from the Sweepstakes if it believes that your Entry fails to conform to the Submission Requirements. Entrants must have permission from all individuals that appear in the Entry (if any) to use their name and likeness in the Submission and to grant the rights set forth herein.
IMPORTANT NOTE: Standard text messaging, data and/or other rates apply to participants who submit a Post via a wireless mobile device. Wireless service providers may charge for airtime and/or data in relation to each standard text message sent and received. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
BY SUBMITTING AN ENTRY, YOU AGREE THAT THE POST COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING THE USE OF YOUR ENTRY OR ANY COMPONENT THEREOF. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE INSTAGRAM RULES.
By participating in the Sweepstakes, each entrant hereby warrants and represents that any Post he/she submits:
- 1. is original to him/her;
- 2. does not violate any law, statute, ordinance or regulation;
- 3. the account will need to be made public to see the specific hashtag;
- 4. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
- 5. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor); conduct or other activities in violation of these Rules; and/or any other comment that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
The Sponsor reserves the right, in its sole and absolute discretion, at any time and for any reason to screen any Post(s). Any Post that the Sponsor deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules is subject to disqualification. The Sponsor reserves the right, in its sole and absolute discretion at any time and for any reason, to request an entrant to modify, edit and/or re-submit his or her Post in order to ensure that the Post and complies with these Rules, or for any other reason. If such an action is necessary at any point during or after the Sweepstakes, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Post (and therefore the corresponding Entry and/or the associated entrant).
Selection of Winners:
On or about the first business day following the last day of each month in the Entry Period (Example: For June entries – drawing will be held July 1, for July entries – drawing will be held August 1 and so on) a random drawing will be held from all entries received during the previous month. Drawing will be held in Houston, Texas at approximately 10:00 AM CT at Himalaya Drug Company. Sponsor will select one (1) potential winner in a random drawing of all entries received during the month preceding the drawing date. The odds of being selected depend on the number of entries received. Entries from previous months WILL NOT be carried over into subsequent month(s) drawing(s).
Notification and Requirements of Potential Winners:
Sponsor will reach out directly to potential winner via direct message on Instagram on or about the second business day of the drawing month. Potential winner will have forty-eight (48) hours from the time the direct message is sent to claim the prize. If the winner notification remains unanswered for more than forty-eight (48) hours, the prize will be forfeited in its entirety and an alternate winner will be selected. The prize is not transferable; no prize substitutions or cash alternatives are allowed except as may be determined by Sponsor in its sole discretion. Except where prohibited, acceptance of the prize constitutes the winner’s consent that their names, likenesses, and/or biographical data may be used for advertising and promotional purposes without limitation and without additional notice, compensation, or consent.
A total of seven (7) prizes may be awarded. Each winner will receive a Prize of assorted Himalaya herbal supplements and personal care items. Each prize has an approximate retail value (“ARV”) of USD $94. If no eligible entries are received during a Program Period month, no prize will be awarded.
Approximate total retail value of all prizes awarded: USD $658.
In the event that the operation, security, or administration of the Sweepstakes is impaired in any way, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual who tampers with the operation of the Sweepstakes, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. Sponsor reserves the right to seek damages from any person who seeks to undermine the legitimate operation of the Sweepstakes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to the owner of an entry, the authorized account holder of the Instagram account used to enter will be deemed to be the entrant. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited.
Release and Limitations of Liability:
By participating in the Sweepstakes, you agree to release and hold harmless Sponsor, their parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) any errors on the Instagram platform that may prevent an entrant from entering or receiving direct messages; (d) printing errors; (e) lost, late, postage-due, misdirected, or undeliverable mail; (f) errors in the administration of the Sweepstakes or the processing of entries; or (g) 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 Sweepstakes or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Texas. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, including its choice of laws provision.
To request a winners’ list, send a self-addressed, stamped envelope to “Share Himalaya Sweepstakes Winner List” Himalaya 1101 Gillingham Lane, Sugar Land, TX 77478. Requests must be received within four (4) weeks after the end of the Sweepstakes Period.