FIGS, Inc. (“Sponsor”) Most Wanted Contest

TERMS & CONDITIONS

OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD.

VOID IN ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.

1. Eligibility

The FIGS, Inc. (“Sponsor”) Most Wanted Giveaway  (“Giveaway”) is sponsored and produced by Sponsor. The Giveaway will be administered by Sponsor and open only to individuals who are a legal resident of the fifty (50) United States or the District of Columbia. Void in all jurisdictions other than those stated above and where prohibited or restricted by law. By participating in the Giveaway, you agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor in all matters relating to the Giveaway.

2. Giveaway Period

The entry period for the Giveaway commences on June 17, 2023 at 12:00:00 pm PST and ends on June 24, 2023 at 11:59:59 PM PST (“Entry Period”). Sponsor’s computer is the official time keeping device for the Giveaway.

3. How to Enter

To enter, during the Entry Period:

 

                     i.     Step 1: Log on to your non-private Instagram, or Tiktok account (or create an account on any such social media platform if you do not already have one).

                    ii.     Step 2: Post a video using the “Most Wanted” filter posted on FIGS’ Tiktok and Instagram Accounts. 

                   iii.     Step 3: Set your video to public.

                   iv.     Step 4: Keep your video public for the remainder of the contest. 

 

Entrant may not submit more than one (1) video entry for this Giveaway. Compliance with the entry requirements will be determined by Sponsor in its sole discretion.  Submissions that violate, as determined by the Sponsor, in its sole discretion, these entry requirements or do not meet the submission deadlines will be disqualified from the Giveaway.

 

Entrant must own all right, title, and interest in the video that such entrant submits.  Each video:

1. Must feature entrant;
2. Must have permission to feature any additional subjects, including any friend;
3. Optional information about:
   1. What their wanted poster says 
4. Must not contain any watermarks;
5. Must not be of poor visual and/or audio quality;
6. Must be no longer than one  (1) minute;
7. Must not have been previously submitted in connection with any promotion or competition of any kind, including this Giveaway;
8. Must not have been licensed to any third party in exchange for a royalty or any other form of compensation;
9. Must not contain content, including music, that violates or infringes another’s rights, including but not limited to privacy, publicity, copyright or other intellectual property rights;
10. Must not disparage Sponsor or any other person or party associated with the promotion of this Giveaway;
11. Must not in any way contain any brand names, logos, or trademarks other than those of Sponsor;
12. Must not include personally identifiable information of individuals other than the entrant and your friend;
13. Must not depict or promote unsafe or illegal activity;
14. Must not contain any nudity, graphic violence or depictions of drug or alcohol use (or include any references to same); and
15. Must not contain material that is inappropriate for a general audience, indecent, lewd, pornographic, obscene, harmful, tortious, defamatory, slanderous, libelous or offensive, all as determined by Sponsor in its sole discretion.

 

In addition, all videos must comply with the terms of use for the social media platform through which the video is uploaded.

 

Entry in this Giveaway in no way grants any license to or otherwise authorizes any entrant the right  to use Sponsor’s intellectual property, including without limitation any patents, copyrights, trade secrets, designs, trademarks (including service marks), trade dress and other similar intellectual property which may exist anywhere in the world, whether registered or unregistered, and all applications and registrations with respect to any of the foregoing (collectively, “Sponsor IP”).  Entrants are prohibited from using any Sponsor IP in any manner, including in URLs, on websites, or for any other use.  All rights in and to the Sponsor IP are reserved by Sponsor.

 

Submissions that violate, as determined by the Sponsor in its sole discretion, the foregoing video guidelines, will be disqualified from the Giveaway.

 

The entrant must be the rightful registered user of the social media account used to enter the Giveaway. In the event of a dispute as to the identity of a winner, Sponsor reserves the right in its sole discretion to disqualify the disputed entry, or to deem the winner to be the authorized account holder of the e-mail address registered to the social media account used to post an entry video, or to otherwise verify the identity of the winner. The “authorized account holder” is defined as the natural person to whom the e-mail address is assigned by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

 

This Giveaway is in no way sponsored, endorsed or administered by, or associated with, YouTube, Instagram, Vimeo or any social media platform. Any questions, comments or complaints regarding the administration of this Giveaway should be directed to Sponsor and not to YouTube, Instagram, or Vimeo.  You hereby agree to release YouTube, Instagram, and Vimeo from any and all liability arising from, or in connection with, this Giveaway.

 

4. Winner Selection and Notification

 

On June 24, 2023, two (2) winners (each, a “Winner”) will be selected from all eligible entries received during the Entry Period by a panel of judges appointed by Sponsor, whose decisions shall be final.  Eligible entries will be judged and rated according to the following criteria: originality of video submission (50%) and quality of submission (50%).  Each judge will assign a score to each eligible entry, and the collective scores of the judges for each eligible entry will be averaged to determine each eligible entry’s actual score. The eligible entries with the highest averaged score will be declared the winners.

 

In the event of a tie, Sponsor reserves the right to break the tie. A Sponsor representative not previously involved in the judging will judge and rank the tied entries according to the same criteria as stated above to break the tie.  If the ranking results in another tie, a Sponsor representative not previously involved in the judging will judge and rank the tied entries based on originality and select the winning entry that is the most original. The decisions of the judges are final and binding. Sponsors will privately notify the winners by message sent to each winner’s e-mail account submitted in connection with the filter on or about June 30, 2023.  Sponsor will publicly announce each of the winners on June 30, 2023.

 

As a condition of receiving a Prize described below, each Winner must sign and return any documents requested by Sponsor.  The Winners will be issued an IRS Form 1099 in the amount of the actual retail value of the Prize and must provide Sponsor with his/her valid Social Security Number or Taxpayer ID for tax reporting purposes.  Noncompliance with this requirement will result in disqualification and Sponsor reserves the right to announce a substitute winner based upon the next highest weighted score assigned to an eligible entrant by the judges in accordance with this Section 4.

 

5.  Prizes

Subject to compliance with these Official Rules and the execution and delivery of any further documents requested by Sponsor; two (2) Winners will each receive a pair of $300 gift card to FIGS.  The total ARV of all Prizes in this Giveaway is $1200. The Prize may be redeemed by emailing social@wearfigs.com. Sponsor will mail prize directly to the entrant.  All Prizes must be claimed prior to July 7, 2023.  

All costs and expenses associated with Prize acceptance and use not specifically provided herein are the responsibility of each Winner.  The right to receive a Prize cannot be transferred, assigned or redeemed for cash.  No Prize substitution is permitted, except at the sole discretion of the Sponsor. If a Prize or component of any Prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a Prize or component with one of comparable or greater value.

 

SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE GIVEAWAY.  BY PARTICIPATING IN THE GIVEAWAY, EACH ENTRANT  AGREES TO RELEASE AND HOLD SPONSOR AND THE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES OF SPONSOR, THEIR AFFILIATES, SUBSIDIARIES, ADVERTISING, PROMOTION, AND FULFILLMENT AGENCIES, AND LEGAL ADVISORS, HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND IN CONNECTION WITH THE GIVEAWAY OR RESULTING FROM ACCEPTANCE, POSSESSION, OR USE OF ANY PRIZE, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY.

 

6.  Ownership Transfer

BY SUBMITTING AN ENTRY, ENTRANT HEREBY ASSIGNS ALL COPYRIGHT RIGHTS AND ALL OTHER RIGHTS, TITLE AND INTEREST IN THE VIDEO SUBMISSION TO SPONSOR. By submitting an entry, entrant represents and warrants that he or she is the rightful owner of all copyright and other rights in the submitted video and that the video may be lawfully submitted, used, publicly displayed, and publicly performed, and that ownership of the video may be transferred to Sponsor, without obtaining approval or consent from or paying any consideration to any third party.  Sponsor hereby grants a worldwide, non-exclusive license to entrant to use, distribute, publicly display, publicly perform, and create derivative works of entrant’s video submission solely for personal purposes.

 

7. Publicity

Except where prohibited, by entering the Giveaway, entrant grants Sponsor and its agents and licensees a worldwide, royalty-free, irrevocable right and license, sublicensable through multiple tiers, to publish distribute and otherwise use entrant’s name, likeness, voice and username in any way, at any time, in connection with his/her video submission in any and all media, for any purpose, without any additional approval or consent of, and without consideration to, the entrant. 

 

8. Limitation of Liability

Sponsor and the Giveaway Parties  (collectively “Releasees”) assume no liability and are not responsible for, and entrant hereby forever waives any rights to any claim in connection with the selection and announcement of any Winner, the distribution of any Prize, the acceptance/possession and/or use/misuse of any part of the Prize and/or any injury or damage to any entrant’s or third party’s property related to or resulting from any part of a Prize or any part of this Giveaway. No responsibility or liability is assumed by Releasees for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Giveaway: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any transmissions to be sent or received; lost, late, delayed, or intercepted transmissions; unauthorized human or non-human intervention in the operation of the Giveaway, including without limitation, as a result of unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Giveaway. Sponsor is not responsible for (i) lost, late, incomplete, illegible, indiscernible, or misdirected entries or for any typographical errors in the announcement of the prize or these Official Rules, (ii) any inaccurate or incorrect data contained on Sponsor’s website or promotional materials, or (iii) any error in the administration of the Giveaway or announcement of the prize and/or all Giveaway-related materials. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained resulting from participation in the Giveaway or receipt or use of the prize. As a condition of entering, entrants agree (and agree to confirm in writing if requested by Sponsor): (a) to forever discharge, release, and hold harmless Releasees from any and all claims, liabilities, injuries, losses, damages, causes of action, suits, and demands of any kind arising from or in connection with the Giveaway or the prize, however caused; (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, consequential, or any other damages; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

 

9. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS Giveaway IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

 

10. Sponsor’s Reservation of Rights

If the Giveaway is not capable of running as planned for any reason, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process or otherwise acts in violation of these Official Rules, and to cancel, modify, or terminate the Giveaway. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Giveaway.

 

11. Equal Opportunity

Sponsor is an Equal Opportunity Employer and Company. It is of the policy of Sponsor to provide equal opportunity without regard to race, color, religion, sex, national origin, age, handicap or veteran status. Sponsor does not discriminate with respect to the Giveaway and/or sponsored events based on race, color, creed, sex, age, national origin, religion, handicap, sexual orientation, marital status, veteran status or any other basis prohibited by applicable laws and regulations.

 

12. Arbitration

Any controversy, dispute or claim arising out or relating to this Giveaway, these terms or any breach thereof, shall be submitted to arbitration. By participating in this Giveaway, an entrant agrees to Sponsor’s Terms of Use available at https://www.wearfigs.com/pages/terms-of-use and Sponsor’s privacy policy available at https://www.wearfigs.com/pages/privacy.

 

 

13. Governing Law and Jurisdiction

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 Giveaway, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By entering, you consent to the jurisdiction and venue of the state and local courts located in Los Angeles, California and the federal courts located in the County of Los Angeles for the resolution of all disputes and agree that any and all disputes shall be resolved exclusively in those courts.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

 

14. Privacy

Any personally identifiable information collected during an entrant’s participation in the Giveaway will be collected and used by Sponsor and its designees for the proper administration and fulfillment of the Giveaway, in accordance with Sponsor’s privacy policy available at https://www.wearfigs.com/pages/privacy and as otherwise described in these Official Rules.  

 

You agree that Sponsor is permitted to send you promotional emails and reminders about Sponsor’s products and services.  PLEASE NOTE: AGREEING TO RECEIVE FUTURE E-MAIL UPDATES WILL NOT AFFECT THE OUTCOME OF THE GIVEAWAY AND YOU CAN UNSUBSCRIBE AT ANY TIME. 

 

Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described herein or in accordance with Sponsor’s privacy policy.

 

15. Winners’ List

For the names of the winner(s), send an e-mail to legal@wearfigs.com. Requests must be received no later than sixty (60) days after the end of the Entry Period.

 

16. No Waiver/Severability. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

 

17.  Sponsor

FIGS, Inc., 2834 Colorado Ave, Suite 100, Santa Monica, California 90404.