Terms and Conditions

1. Introduction

1.1 These terms and conditions (the “Terms”) are the terms on which this website https://facegym.com (the “Website”) is made available to you (“You”/”Your”). Please read these Terms carefully before using Our Website.

1.2 By using or accessing Our Website, You agree to be legally bound by these Terms as they apply to Your use of or access to Our Website.

1.3 If You do not wish to be bound by these Terms then please refrain from using Our Website.

1.4 Any products which are available for You to purchase on or via Our Website are subject to additional terms and conditions which will be notified to You when You follow the ordering procedures set out on the relevant order page.

2. Information About Us

2.1 We are FaceGym Ltd a company registered in England and Wales under registration number 7544240 and our registered address is 1-4 Argyll Street, London, W1F 7TA.(“We”/“Us”/”Our”).

2.2 If You have any questions, complaints or comments on this Website then You may contact Us on info@facegym.com or by postal address FaceGym, 1-4 Argyll Street, London, W1F 7TA.

2.3 Our VAT number is GB 184844178.

3. Buying Products on Our Website

3.1 To order a product You will need to follow the ordering procedures set out on the relevant order page.

3.2 Details of the prices for the products, and the procedures for payment and delivery are displayed on or through Our Website. The price of any product is the price in force at the date and time of Your order. The price of any product includes VAT but excludes any delivery charge.

3.3 You undertake that all details You provide to Us for the purpose of purchasing goods which may be offered by Us on Our Website will be correct, that the credit or debit card, or any electronic cash, which You use is Your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of Your credit or debit card details from Your card issuer before providing You with any goods .

3.4. Discount codes and offers cannot be redeemed on sale, promotional items or living.

3.5 From time to time we will make promotional codes available. Only one code may be used per transaction. We will alert You to additional specific terms which apply to such promotional codes at the relevant time.

4. Products Sale

4.1 You must pay for the products by credit, debit card or Paypal account at the time of the order, at which time You will be notified of the current price.

4.2 We are entitled to refuse any order placed by You. If Your order is accepted, We will confirm acceptance to You by online electronic means (‘Confirmation’) to the e-mail address You have given Us on ordering. The order will then be processed within 2-3 days.

4.3 To cancel Your order after it has been dispatched to You, you will need to follow the Returns Policy & Procedure.

5. Reselling Products

5.1 Please note that all products available on Our Website are for personal use only. You may not sell or resell any of the products.

5.2 We reserve the right to cancel or reduce the quantity of any orders that we believe may result in the violation of our Terms.

6. Modifications to Website

We reserve the right to alter, suspend or discontinue any aspect of Our Website or the content or available through it, including Your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new products shall be subject to these Terms.

7. Information You Provide

7.1 The following applies to any information You provide to us, for example during any registration or ordering process:

  • You authorize us to use, store or otherwise process any personal information which relates to and identifies You, including but not limited to Your name and address, to the extent reasonably necessary to provide the services which are available through Our Website by Us or our sub-contractors. If You obtain or choose to buy products through Our Website then We may collect information about Your buying behaviour and if You send Us personal correspondence such as e-mails or letters then We may collect this information into a file specific to You. All such information collected by Us shall be referred to in these Terms as “Personal Information”;
  • You must ensure that the Personal Information You provide is accurate and complete and that all ordering or registration details (where applicable) contain Your correct name, address and other requested details.

7.2 You must read Our Privacy Policy which contains important information about the use of Your Personal Information and other information regarding Your Privacy.
7.3 If You would like to review or modify any part of Your Personal Information then You should e-mail Us at corporate@facegym.com

8. Security 

You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to You or selected by You for use on Our Website. You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorized use of them or any other breach of security regarding Our Website that comes to Your attention.

9. Applicability of Online Materials 

9.1 Personal Use
Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use.

9.2 Compliance with Law
We make no representations that the materials on Our Website is appropriate or available for use in locations outside the UK.

9.3 Exclusion of Warranties
We make no warranties, express or implied that making the products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the products or any part available in Your jurisdiction or to You (by reason of nationality, residence or otherwise) is prohibited, those products are not offered for sale to You. You accept that if you are resident outside the UK, You must satisfy yourself that You are lawfully able to purchase the products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

10. Copyright

10.1 Your use of Our Website and its contents grants no rights to You in relation to Our intellectual property rights including, without limitation, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in Our Website and its contents.

10.2 You may not copy, reproduce, republish, download, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for Your own personal use. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

10.3 Any use other than that permitted above may only be undertaken with Our prior express authorisation.

10.4 By submitting information, text, photos, graphics or other content to Us via Our Website, You grant Us a right to use such materials at Our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from Our Website.

11. Linking and use of Cookies

11.1 You may establish links to the Website provided:

  • You link only to the home page of the Website;
  • You do not remove or obscure advertisements, the copyright notice or other notices on the Website;
  • You give us notice of such link by sending an e-mail message to us at corporate@facegym.com and
  • You immediately stop providing links to the Website if notified by Us.

11.2 We make no representations whatsoever about any other websites which You may access through Our Website or which may link to Our Website. These links are provided for Your ease of reference and convenience only. When You access any other website it is independent from Us. We have no control over the content or availability of that website. In addition, a link to any other site does not mean that We endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. You agree that You will not involve Us in any dispute between You and the third party. Any concerns regarding any external link should be directed to its website administrator or web master.

11.3 Use of Cookies
11.3.1 As a result of viewing Our Website We may log certain information about You by using cookies. Cookies are small files which are stored upon the hard drive of Your computer. We may use cookies to:

  • measure the number of visitors to Our Website;
  • see how visitors navigate Our Website and to see which resources they access;
  • see what visitors’ buying behaviors are to allow us to see the latest buying trends; and
  • see information about visitors’ internet connections and the equipment used to access Our Website.

11.3.2 We use this information to help Us to improve the content of Our Website or to improve the matching of Your interests or preferences.

11.3.3 The information We collect using cookies does not identify You personally. For example, it does not identify Your email address. It may include the IP address and/or the domain name of the computer You use. You should be aware that this information might therefore also identify (i) the company You work for (if You access Our Website from Your place of work), or (ii) Your Internet Service Provider. It may also identify information about Your computer, for example Your operating system and browser type.

11.3.4 If You access Our Website by way of a hardware firewall, a proxy server or any other kind of router (such as a dial-up modem connection at Your ISP) then it is the address of the router that will appear in Our logs and not the address of Your computer.

11.3.5 If You do not want a cookie to be stored in Your computer, most Internet browsers have functions to erase cookies from the computer’s hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie. If You refuse to accept cookies You may be unable to access certain parts of Our Website.

12. Your use of the Website

12.1 You agree that in using Our Website You will not:

  • use Our Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
  • use Our Website in any way that interrupts, damages, impairs or renders the Website less efficient;
  • use Our Website for any purpose other than Your personal use;
  • email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing; threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • advertise or promote third party or Your own products or services including by way of the distribution of ‘spam’ email;
  • transfer files that contain viruses, trojans or other harmful programs; or
  • access or attempt to access the accounts of other users or to penetrate or attempt to penetrate Our Website security measures.

12.2 We reserve the right to suspend, restrict or terminate Your access to Our Website at any time without notice at Our discretion if we have reasonable grounds to believe You have breached any of the restrictions above.

12.3 You confirm that:

  • You will comply with the restrictions on Your use of the Website as set out in these Terms; and
  • in relation to any material submitted to or posted on the Website You have the right to do so and have obtained all necessary licences and or approvals.

12.4 You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use of Our Website including any breach or suspected breach of these Terms or Your violation of any law or the rights of a third party.

13. Availability of Our Website 

13.1 We will try to make Our Website available but cannot guarantee that Our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.

13.2 Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.

14. Liability 

14.1 Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with these Terms shall be limited in aggregate to the net payment to Us from You for the product concerned.

14.2 Nothing in these Terms shall exclude or limit Our liability for fraudulent misrepresentation or for death or personal injury resulting from Our negligence or the negligence by Our employees or agents.

14.3 All content and services on Our Website are provided on an ‘as is’ and ‘as available’ basis. We do not make any representation or give any warranty (whether express or implied) in respect of Our Website or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Website. Nothing in these Terms shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).

14.4 . We do not accept liability for damage to Your computer system or loss of data that results from Your use of the Website. We do not guarantee or warrant that any material available for downloading from Our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy Your particular requirements for the accuracy of data input and output. You are responsible for ensuring that Your computer system meets all relevant technical specifications necessary to use Our Website and is compatible with Our Website.

15. General

15.1 Alterations
We may alter these Terms from time to time and post the new version on Our Website, following which all use of Our Website will be governed by that version. You will be deemed to have accepted any such changes by Your use of Our Website from such time. You must check the terms and conditions on Our Website regularly.

15.2 Illegality
If any provision of these Terms is found by a court or regulator to be illegal, unlawful, invalid or unenforceable the other provisions shall continue to apply.

15.3 Jurisdiction
In the event of any dispute between You and Us concerning these Terms, relevant United Kingdom law will apply. If You wish to take court proceedings against Us You must do so within the United Kingdom. If You are buying Our products from anywhere outside the UK this does not deprive You of the protection afforded to You by virtue of local laws in that territory.

15.4 Causes beyond Control
Neither you nor FaceGym Ltd will be held liable for any failure to perform any obligation to the other due to causes beyond Your or Our respective reasonable control.

15.5 No Waiver
If you breach these Terms and We take no action against You, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms.

16. Notices

All notices shall be given:

  • to Us via e-mail at corporate@facegym.com or
  • to You at either the e-mail or postal address you provide during any ordering process.

Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

17. Replacement

These Terms replace all other terms and conditions previously applicable to the use of Our Website.

18. Terms and Conditions for Our Gift Cards

Our gift cards are redeemable as part or full payment for products or treatments at any of our UK FaceGym site and cannot be used to buy products or services on facegym.com. The gift card must be presented at the time of redemption, is valid for a period of twelve months from the date of purchase, is non-refundable and cannot be redeemed for cash.

19. Cancellation Of Studio, Digital Workouts + Online Classes

Please be aware that if you need to change or cancel your studio or online booking, we ask that you give us 24 hours notice or the full cost of the workout will be charged. This applies for all Studio Workouts, Online 121s and Online Classes.

20. FaceGym 'Ultimate FaceGymmer' Sweepstakes - Rules, Terms & Conditions

This Sweepstakes is intended for viewing and participation in the United Kingdom and the United States of America only. The Sweepstakes shall be construed and evaluated: (i) according to the laws of England in regards to participants from the United Kingdom and (ii) governed by U.S. laws in regards to participants from the United States or the District of Columbia. Please do not enter if you are not a legal resident of, and not located in: (i) the United Kingdom at time of entry or (ii) the United States or the District of Columbia at the time of entry. VOID OUTSIDE OF THE UNITED KINGDOM AND THE UNITED STATES AND WHERE PROHIBITED BY LAW.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT YOUR CHANCE OF WINNING.

  1. INSTAGRAM NOT INVOLVED: FaceGym Instagram “14 Day Challenge” Sweepstakes (the “Sweepstakes”) is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to FaceGym Ltd. (the “Sponsor”) and not to Facebook Companies. The information you provide will only be used for the administration of this Sweepstakes and in accordance with the Sponsor’s privacy policy (see below). Instagram is completely released of all liability by each entrant in this Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not Instagram.
  1. SWEEPSTAKES PERIOD:The Sweepstakes starts on September 24, 2021 at 10:00:01 AM Coordinated Universal Time (“UTC”) and ends on October 8, 2021 at 9:59:59 AM UTC (the "Sweepstakes Period"). For the purpose of these Official Rules (the “Rules”), a day (each a “Day”) commences at 10:00:00 AM UTC and ends at 9:59:59 AM UTC. During the Sweepstakes Period there will be fourteen (14) entry periods (each an “Entry Period” and collectively the “Entry Periods”). Each Entry Period starts at 10:00:00 AM UTC on each of the defined dates below and ends on the following day at 9:59:59 AM UTC on the following dates as defined below.

 

Entry Period

Start Date 10:00:00 AM UTC

End Date 9:59:59 AM UTC

Entry Period Draw Date

1

September 24, 2021

September 25, 2021

September 25, 2021

2

September 25, 2021

September 26, 2021

September 26, 2021

3

September 26, 2021

September 27, 2021

September 27, 2021

4

September 27, 2021

September 28, 2021

September 28, 2021

5

September 28, 2021

September 29, 2021

September 29, 2021

6

September 29, 2021

September 30, 2021

September 30, 2021

7

September 30, 2021

October 1, 2021

October 1, 2021

8

October 1, 2021

October 2, 2021

October 2, 2021

9

October 2, 2021

October 3, 2021

October 3, 2021

10

October 3, 2021

October 4, 2021

October 4, 2021

11

October 4, 2021

October 5, 2021

October 5, 2021

12

October 5, 2021

October 6, 2021

October 6, 2021

13

October 6, 2021

October 7, 2021

October 7, 2021

14

October 7, 2021

October 8, 2021

October 8, 2021

 

  1. ELIGIBILITY:To enter the Sweepstakes and be eligible to win a prize, an entrant must be a legal resident of the United Kingdom or a legal resident of one of the 50 United States or the District of Columbia, be 18 years of age (19 in AL or NE) or older at the time of entry and have a valid Instagram Account and email address. Individuals in any of the following categories are NOT eligible to participate or win a prize: (a) any person who, at any time on or after September 24, 2021, was or is a director, officer, agent, representative, or employee of Sponsor, its parent, affiliates, subsidiaries, distributors, web design, advertising, fulfillment, advertising and promotion or service agencies, who are directly involved in the planning or execution of the Sweepstakes; (b) any other individuals engaged in the development, production or distribution of materials for the Sweepstakes or engaged in the administration or execution of this Sweepstakes (collectively the “Sweepstakes Entities”); (c) persons who are or purport to be immediate family members (defined as biological or step-mother/ father, sister, brother, daughter, son, dependent or spouse of any of the foregoing) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household as any person in any of the preceding categories; and (d) persons who Sponsor is prohibited from allowing to participate in the Sweepstakes under applicable law. Sweepstakes is subject to all applicable federal, county and local laws and regulations. Groups, clubs, organizations, businesses and commercial/non-commercial entities are not eligible.
  1. HOW TO ENTER: NO PURCHASE NECESSARY. This Sweepstakes takes place on the Instagram application (“Instagram” or the “Application”) and requires you to have a valid user account with Instagram to enter. To participate, you will need to create an Instagram account if you do not already have one. Membership on Instagram is free and registration for Instagram can be obtained by visiting instagram.com (the “Instagram Website”) and following the on-screen instructions to open an account. Standard data rates apply to participants who choose to participate in the Sweepstakes via a mobile device. Contact your service provider for pricing and service plan information. If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet and a number of Internet service providers and other companies offer free email accounts.
  • A copy of the Official Rules will be available within the Sponsor profile @FaceGym by clicking on the bit link at the top of page. All Photos/Videos must comply with the Instagram Terms of Service and Instagram Rules which can be found at Instagram.com.
  • Entry requirements: Prior to the start of each Entry Period the Sponsor will post on their Instagram account @FaceGym a short video of the Day’s FaceGym workout. To enter either snap a photo or video of your personal FaceGym workout (must include before and after images of you).
  • Using the Application, opt-in to post your unique photo or video (see Entry requirements above), directly to your Instagram account or IG Stories (please ensure that your photo or video meets the Photo/Video Requirements in Rule 5 (“Photo/Video”)); include the hashtag #ASkinCareMovement and tag @FACEGYM. The term “Entry” and the corresponding terms “Entries” include(s) all elements of an Entry, including without limitation the applicable Photo/Video. Any entry that does not comply with these Official Rules, including the Photo/Video Requirements in Rule 5, will be judged void, ineligible and disqualified. Reposts will not count as a Contest entry.
  • By following @FACEGYM and posting a Photo/Video with the hashtag #ASKinCareMovement you agree to these Official Rules and Regulations (the “Rules”). Remember Instagram is a public space. By way of reminder, private messages do not count as an Entry into this Contest.
  • If an entrant’s Instagram account is set to “protected mode” the Photo may not be visible in the Sponsor’s inbox and thus may not be received by the Sponsor unless you previously consented to permit the Sponsor to see your Entry. The Sponsor will not be responsible for any Entry or direct messages not received and/or responded to within the required time frame because the entrant has set his/her account to “protected mode”, or for other technical reasons.
  1. PHOTO REQUIREMENTS: By participating in this Sweepstakes and submitting an Entry, you represent and warrant that the Entry (including the Photo/Video) complies with all terms and conditions stated in these Rules. Sponsor will have the sole and absolute discretion in determining whether an Entry complies with these Rules.

Each Photo/Video submitted as part of an Entry must:

  1. depict yourself;
  2. be taken by you;
  3. not contain any other person or minor (no other person adult or minor shall appear in the photo or video);
  4. not include any personal information about you within the Photo/Video, including, without limitation, names, telephone numbers and addresses (physical or electronic);
  5. not been previously submitted by you or any other individual whether in the same household or not;
  6. be original to you and that you have all necessary rights in and to the Photo/Video for the purposes of this Sweepstakes. Your Photo/Video must be your original creation. For the avoidance of any doubt, your Photo/Video cannot be something that you have copied or downloaded (e.g. from the worldwide web, stock photography or otherwise), and must not be a modification, enhancement or alteration of a third party’s pre-existing work;
  7. not violate any law, statute, ordinance or regulation;
  8. 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;
  9. be in good taste;
  10. not be 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; 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); that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct;
  11. not contain commercial messages, comparisons or solicitations for products or services other than products of Sponsor;
  12. not contain any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any buildings, products appearing in your Entry must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained. Note: all identifiable third party products, trade-marks, brands and/or logos for which consent has not been obtained by the entrant must be blurred out so as to be unrecognizable);
  13. not depict conduct or other activities in violation of these Rules; and/or,
  14. not contain any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.

The Released Parties (as defined in Rule 7 below) will bear no liability whatsoever regarding: (i) the use of your Entry (or any component thereof – including, without limitation, the Photo/Video); (ii) participation in any Sweepstakes-related activities; (iii) any use, collection, storage and disclosure of any personal information; and/or (iv) if declared a winner, of a prize (including any use or misuse of a prize). The Released Parties shall be held harmless by you in the event it is discovered that you have departed from or not otherwise fully complied with any of these Rules. This release and indemnity shall continue in force following the termination of the Sweepstakes and/or awarding of a prize if applicable. 

The Sponsor reserves the right to reject any entry if in the sole opinion of the Sponsor acting in its absolute discretion, the Entry is not original, is inappropriate, dangerous or would violate or offend any law, regulation, order, governmental policy, public policy or third party’s rights or could potentially expose the Sponsor to law suits (for example by containing any commercial content that promotes any product or service other than those of the Sponsor),  embarrassment, contempt, ridicule, or adverse publicity or otherwise reflect unfavourably on the Sponsor or any of its products or services.  All such Entries will be disqualified.

  1. LICENSE: By entering the Sweepstakes and submitting an Entry, each entrant: (i) without limiting the Instagram Terms of Use grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry, in whole or in part, for advertising or promoting the Sweepstakes or for any other reason; (ii) waives all moral rights in and to his/her Entry in favour of the Sponsor; and (iii) agrees to release, indemnify and hold harmless the Released Parties from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Entry.
  1. ENTRY LIMIT: There is a limit of one (1) Entry per Day however each Photo/Video/Entry must be unique. For clarity, do not submit the same Photo/Video, or substantially the same Photo/Video, more than one (1) time in this Sweepstakes and do not submit the same Photo/Video as another entrant. A person may only use one (1) Instagram account to participate in the Sweepstakes, and such Instagram account may only be used by one (1) person regardless of whether the Instagram account is shared by two (2) or more people. An entrant may not submit an Entry on behalf of any other person whether living in the same household or not, including without limitation but for greater certainty, another member of his/her household. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) use more than one (1) Instagram account; and/or (ii) use multiple Instagram accounts, identities, e-mail addresses, and/or any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Sponsor’s interpretation of the letter and/or spirit of these Rules to enter or otherwise participate in or to disrupt this Sweepstakes; then he/she may be disqualified from the Sweepstakes in the sole and absolute discretion of the Sponsor. Your Entry may be rejected if (in the sole and absolute discretion of the Sponsor) the posted Photo/Video is not fully complete with all required information and submitted and received in accordance with these Rules. The Sponsor, Sweepstakes Entities, Facebook Inc., and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, representatives, successors and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries and/or other information (all of which is void).
  1. SWEEPSTAKES PRIZES:A total of one hundred and forty (140) prizes are available to be won during the Sweepstakes Period with ten (10) prizes awarded per Entry Period (each a “Prizes” and collectively “Prizes”).

Prize A: A total of thirty-five (35) Youth Reformer 15mL bottles are available to be won. The approximate retail value is: £ 40.00 or $45.00 USD

Prize B: A total of thirty-five (35) Hydro-Bound 15mL bottles are available to be won. The approximate retail value is: £ 30.00 or $35.00 USD

Prize C: A total of thirty-five (35) Face Coach 15mL bottles are available to be won. The approximate retail value is: £ 25.00 or $30.00 USD

Prize D: A total of thirty-five (35) Supreme Restructure Firming Moisturiser 15mL bottles are available to be won. The approximate retail value is: £ 25.00 or $30.00 USD

Entry Period (refer to Section 2 for applicable dates)

Number of Prizes and type of Prize available to be won during the defined Entry Period

1

Ten (10) Prizes “A”

2

Ten (10) Prizes “B”

3

Ten (10) Prizes “C”

4

Ten (10) Prize “A”

5

Ten (10) Prize “B”

6

Ten (10) Prize “A”

7

Ten (10) Prize “C”

8

Ten (10) Prize “D”

9

Five (5) Prize “A”

Five (5) Prize “B”

10

Ten (10) Prize “B”

11

Ten (10) Prize “C”

12

Ten (10) Prize “D”

13

Five (5) Prize “C”

Five (5) Prize “D”

14

Ten (10) Prize “D”

 

Approximate retail value of all Prizes is £ 4200.00 or $4,900.00 USD. The actual total value of all Prizes awarded is subject to where each winner resides. Any difference between the stated approximate retail value and actual value of a prize will not be awarded. An entrant may win more than one (1) prize during the Sweepstakes Period.

Without limiting the generality of the foregoing, Prizes must be accepted as awarded and are not transferable or assignable. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component of a Prize with an item or items of equal or greater retail value. Prizes will only be awarded to the person whose verifiable full name and valid e-mail address associated with the Instagram account. By accepting a Prize, the confirmed Prize winner agrees to waive all recourse against the Released Parties if the Prize or any component thereof does not prove satisfactory, either in whole or in part. Each Prize winner is solely responsible for all costs not expressly described herein.

None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of a Prize awarded in connection with the Sweepstakes. To the fullest extent permitted by applicable law, each confirmed Prize winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the Released Parties (as defined in Section 7) should the Prize or any portion thereof fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize, the confirmed Prize winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.

All federal, county and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with a Prize acceptance and use not specified herein as being provided are the winner’s responsibility, regardless of whether a Prize is used in whole or in part. All Prize details are at the Sponsor's sole discretion.

  1. RANDOM SWEEPSTAKES DRAW: Random draws will be held at approximately 11:00 AM UTC following the close of each defined Entry Period (see Section 2 above) where the Sponsor will select a total of ten (10) eligible entries using an electronic random generator from among all eligible entries that were submitted and received in accordance with these Rules during each defined Entry Period (each a “selected entrant” and, if verified, a “Winner”). If there is more than one (1) type of Prize available for any given Entry Period as defined in Section 7, each selected entrant will be eligible for the specified Prize based on the order they were selected: e.g. first five (5) entrants selected are eligible for Prize “x”; next five (5) entrants selected are eligible for Prize “x”. The odds of winning a Prize depend on the total number of eligible entries received during each defined Entry Period. Selected entrants will be subject to verification of eligibility and compliance with these Rules. If for any reason whatsoever, there are no eligible entries and/or not a minimum of ten (10) eligible entries for any specific Entry Period any un-awarded Prizes will be awarded during the last Entry Period if there is a sufficient number, of eligible entries. If, for any reason whatsoever, there is not a sufficient number of eligible entries, any un-awarded prizes will not be awarded. For clarity, all available Prizes may not be awarded if there is not the required number of eligible entries received during the Sweepstakes Period.
  1. WINNER NOTIFICATION: Each selected entrant will be notified using the direct message (“DM”) feature on Instagram. The Sponsor will send each selected entrant a DM within six (6) hours of the applicable draw date and time. Each selected entrant must respond to the DM within the indicated time frame as indicated within the DM message, or he/she will be disqualified without any liability to the Sponsor, and his/her eligibility to receive the applicable Prize will be forfeited and an alternate eligible entrant may be randomly selected (as determined by the Sponsor in its sole and absolute discretion) from among the remaining eligible entries received for the applicable Entry Period. Selected entrants may discontinue following the Sponsor’s Account once he/she is confirmed a winner and if required for residents of the UK may be required to execute and return a Declaration of Eligibility, a Liability Release and, where lawful a publicity release, or in the case of U.S. residents after the completion of the Sponsor’s affidavit of eligibility, a liability/publicity release as defined in Rule 11b below. It is each selected entrant’s responsibility to set his or her account settings to accept contacts by the Sponsor Instagram account @FaceGym and to timely check his or her Account for any such DMs or @Replies. The above process will be repeated until such time as contact is made with ten (10) selected entrants or there are no more eligible Entries for the applicable Entry Period / draw period, whichever comes first. In the event that a selected entrant fails to answer the DM within the indicated time frame (or if any Instagram notification or e-mail is returned as undeliverable or the selected entrant does not respond to any notification left), such selected entrant will be disqualified and another entrant may be selected (as determined by the Sponsor in its sole and absolute discretion) and, if an entrant is selected, the above process will be repeated.

If a Potential Winner is found to be ineligible or not in compliance with these Rules, declines to accept a Prize, or Sponsor is unable to contact a selected entrant within five (5) business days, or in the event that a prize notification or prize is returned undeliverable, the Prize will be forfeited and, at the Sponsor’s sole discretion, Prize may be awarded to an alternate selected entrant. Sponsor may select up to three (3) alternate prize entrants; thereafter, if a potential selected entrant cannot be verified in accordance with these Rules, the Prize will not be awarded. Selected entrants may be required to furnish proof of identification.

The Release Parties shall not be held responsible for any delays in awarding a Prize for any reason outside of their control. Any unclaimed Prize will not be awarded. The Released Parties are not responsible for any change of mailing address, email address, and/or telephone number of entrants.

  1. Before being declared A CONFIRMED PRIZE winner, each selected Entrant will be required to: (i) confirm compliance with these Rules; (ii) provide the Sponsor or its designated agent with his/her first and last name; complete mailing address, e-mail address, year and month of birth and telephone number; (ii) for U.S. residents print, sign and return within five (5) business days of notification an affidavit of eligibility, a liability/publicity release or for residents of the UK he/she may be required to execute and return a Declaration of Eligibility, a Liability Release and, where lawful a publicity release, and any other releases required by Sponsor and where not prohibited by applicable law, which (among other things): (a) confirms compliance with these Rules; (b) acknowledges acceptance of the applicable Prize (as awarded); (c) releases the Released Parties from any and all liability in connection with this Sweepstakes, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; (d) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Sweepstakes and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet (including, but not limited to, any social media platforms) except where prohibited by law. If an eligible winner: (1) fails to return the properly executed affidavit within the specified time if applicable; (2) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (3) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion), then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate entrant. Confirmed prize winners will receive an email within forty-five (45) days which will contain directions for how to claim/order their prize through the Sponsor website. The redemption code will be valid for three (3) months from the email sent date. Any unclaimed Prizes after such period will be considered unclaimed and each prize winner will have no further recourse against the Sponsor.

 

CONDITIONS OF ENTRY:

  1. By entering, entrants: (i) acknowledge and represent that they are in full compliance with these Rules including all eligibility requirements and, (ii) agree to be bound by these Rules and the decisions of the Sponsor, made in their sole discretion, which shall be final and binding in all respects. Entrants who have not complied with these Rules are subject to disqualification and all associated entries will be void.
  1. The Released Parties are not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible, or incomplete submissions of requests/entries. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. All entries become the property of Sponsor and in no case shall be returned to sender.
  1. Sponsor reserves the right to disqualify any entrant's entry in the Sweepstakes (and void all associated entries) or entitlement to a prize if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Sweepstakes by tampering, cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any entries or points generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
  1. Entrants agree that the conditions of submission set forth in these Rules, and all documents and agreements incorporated in these Rules by reference, solely govern the relationship between entrants and Sponsor in connection with this Sweepstakes. Entrants agree to waive any right to claim ambiguity in these Rules. Sponsor may use third parties to facilitate one or more elements of the Sweepstakes. These third-party service providers are subject to confidentiality agreements with Sponsor and other legal restrictions that prohibit the use of the information Sponsor provides them for any other purpose except to facilitate the specific outsourced Sponsor related operation. The Sponsor agrees to ensure that all data collected during the course of the Sweepstakes including, but not limited to, name, mailing address, phone number, and email address will only be used for the purpose of administering the Sweepstakes and the collection of such data complies with (i) all applicable laws, including without limitation, all state and federal laws, corporate standards, policies, regulations, as well as the General Data Protection Regulation (“GDPR”) (collectively “Applicable Laws”) (ii) the principles, guidelines, rules and codes of conduct of self-regulatory organizations such as the Digital Advertising Alliance, the Interactive Advertising Bureau, the Direct Marketing Association, and other self-regulatory organizations to which third parties providing services, platforms, and data are bound, and any required notices and consents; and (iii) privacy disclosures and information collection requirements imposed on advertisers by targeting of media in order to comply with Applicable Laws. Where required by Applicable Laws, the Sponsor will deploy appropriate notices and functionality to obtain authorizations and consents as required. Personal data collected may be used by Sponsor to verify an entrant’s identity, postal address and telephone number in the event they are deemed a potential prize winner. Your information may also be transferred to countries outside of your jurisdiction of residence, including the United States. Such other countries may not have privacy laws and regulations that provide the same level of protection to those that exist in the United Kingdom. By providing any data in connection with the Sweepstakes, entrants hereby expressly consent to such transfers of your data to the United States or other countries. Entrants have the right to review, rectify or cancel any personal data held by Sponsor by contacting the Sponsor privacy commissioner.
  1. As a condition of entering, entrants agree (and agree to confirm in writing): TO INDEMNIFY AND HOLD HARMLESS RELEASED PARTIES FROM ANY CLAIMS, ACTIONS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES), INJURY, LOSS OR DAMAGES OF ANY KIND (COLLECTIVELY, “CLAIMS”), RESULTING FROM PARTICIPATING IN THE SWEEPSTAKES OR ANY CLAIMS ARISING FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF A PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS BROUGHT BY THIRD PARTIES. ENTRANTS 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 SWEEPSTAKES OR THE PRIZE AWARDED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASED PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SPONSOR SITE OR ANY PROMOTIONAL WEB SITE AND RELEASED PARTIES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. THIS DOES NOT AFFECT YOU’RE STATUTORY RIGHTS, AND NOTHING IN THESE OFFICIAL RULES SHALL EXCLUDE OR LIMIT IN ANY WAY ANY ENTITY'S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER WHERE LIABILITY MAY NOT AS A MATTER OF LAW BE LIMITED.
  1. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of such term or any other provision. Sponsor reserves the right to disqualify any entrant who violates these Rules, any other rules, guidance or instructions, set out by the Sponsor in promotional material relating to the Sweepstakes or interferes with the Sweepstakes in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate such entrant’s eligibility to participate in the Sweepstakes. Any attempt by an individual to access any website associated with the Sweepstakes via a bot script or other brute force attack or any other unauthorized means will result in that individual’s IP address and all entries from that IP address becoming ineligible. Use of automated entry devices or programs is prohibited. Without limiting the generality of the foregoing, each entrant agrees to release and hold harmless the Released Parties from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action that relate in any way to the Entry.
  1. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with: (i) for participants from the United Kingdom, the laws of England, without regard to any other conflicts of law principles; and for residents of the United States and the District of Columbia, with the laws of the state of Delaware. All entrants consent to the jurisdiction and venue of the federal, county, and local courts of England or Delaware as applicable.
  1. Sponsor reserves the right in its sole discretion to cancel, modify and/or suspend this Sweepstakes at any time if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes (such as force majeure events) impairs the administration, security, integrity of the Sweepstakes. In the event of cancellation, Sponsor reserves the right in its sole discretion, to randomly select entrants for the drawing from among all eligible, non-suspect entries received for the drawing up to time of such cancellation. In no event will the Sponsor be liable for more than the stated number of prizes in these Rules.
  1. The Released Parties do not warrant that access to the Sweepstakes will be uninterrupted. The Released Parties are not responsible for any problems that may arise, including but not limited to: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in connection with the administration of the Sweepstakes, or the offering or announcement of any prize or in any winner notification documents; or (d) for any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; or (f) damage to a user's system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes. The Released Parties are also not responsible for lost, late, delayed, garbled, stolen, incomplete, misdirected, illegible, damaged or undelivered mail, email, or entries. Proof of transmission (screenshots, etc.) does not constitute proof of delivery.

 

DISCLOSURES:

  1. Any attempt by an entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Sweepstakes, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws. Should such an attempt be made Sponsor reserves the right to seek remedies and damages (including attorneys' fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrants engaging in any of the foregoing activities may be disqualified (and all associated entries will be void) and will forfeit any prize won. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
  1. Notwithstanding anything elsewhere in these Rules, no person’s or entity’s liability for death or personal injury caused by its negligence shall be limited in any way, and nor shall their ability for fraud or for any other matter where liability may not as a matter of law be limited or excluded. Where these Rules provide for discretion exercisable by a Released Parties that could otherwise be capable of causing a significant imbalance in the parties’ rights and obligation hereunder, to the detriment of a consumer and contrary to the requirement of good faith, shall be exercised reasonably and in good faith.
  1. In the event of any conflict with any Sweepstakes details contained in these Rules and Sweepstakes details contained in Sweepstakes Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
  1. The invalidity or unenforceability of any provision of these 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 Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsor's employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
  1. This Sweepstakes is solely sponsored by FaceGym Ltd (the “Sponsor”), United Kingdom Company Number 7544240, 1 – 4 Argyll Street, London, UK S1F 7TA.
  1. For the names of the winners, send an email to: competitions@facegym.com and include “FaceGym “14 Day Challenge” Sweepstakes, winners name” in the subject line. Requests must be received on or before February 28, 2022.
  1. Information collected from entrants is subject to Sponsor’s Privacy Policy. To review Sponsor’s privacy policy, please visit https://facegym.com/pages/privacy-policyto see how we use personal information obtained in connection with this Sweepstakes. Winner’s name may be included in a publicly available winners list.

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