Evolus, Inc. “GLOW WITH JEUVEAU® FOR A YEAR” GIVEAWAY

Terms and Conditions

Evolus, Inc. (“Evolus”) is offering the “GLOW WITH A YEAR OF JEUVEAU®” GIVEAWAY (the “Sweepstakes”) that is a considered a sweepstakes, contest, promotion, or giveaway under which certain selected participants may win product(s) and/or other prizes. Your participation in the Sweepstakes is and will be subject to and governed by the terms and conditions set forth below and the official rules as defined below.  (collectively, the “Official Rules”).

To the extent social media channels (including Facebook, Instagram, YouTube, or Snapchat) have their own promotion rules too (which may be posted on the respective social media platform’s site), those rules will be in addition to the Official Rules. Evolus™ does not control those additional rules.

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM LLC OR FACEBOOK, INC. BY ENTERING THIS SWEEPSTAKES, YOU ACKNOWLEDGE THAT YOU ARE PROVIDING YOUR INFORMATION TO EVOLUS AND NOT TO INSTAGRAM OR FACEBOOK.

SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins at 11:11 AM PT November 11, 2021, and ending at 11:59 PM PT November 14, 2021 (the “Sweepstakes Period”). Evolus’ computer instance is the time-keeping device for the Sweepstakes.

Here is a brief summary of the Official Rules (with the full rules immediately following):

• No purchase or payment of any kind is necessary to win THE Sweepstakes.
• Sweepstakes is open to legal residents of the United States
• To enter the Sweepstakes, you must be 18 years or older.
• Sweepstakes is void where prohibited.
• Winners are randomly selected amongst all entries in the Sweepstakes within the Sweepstakes Period.  Evolus reserves the right to limit the number of entries within the Sweepstakes Period to prevent abusive or fraudulent entries.
• From time to time, Evolus may sponsor a Sweepstakes itself or with one or more additional third parties (with each of Evolus and such third party being referred to here as a “Sponsor,” and – collectively – as the “Sponsors”).

To participate in the Sweepstakes, entrants submit content and/or information (each submission, an “Entry” or collectively, “Entries”) according to the specifications described for the Sweepstakes in the official rules (e.g., commenting with an emoji, following a sponsor, and posting or liking content, on the designated social media platform).  The Sponsors will randomly select multiple winners, as the Sweepstakes may specify, from among the Entries.

“GLOW WITH A YEAR OF JEUVEAU” GIVEAWAY

Official Rules

1. Eligibility.  Unless otherwise specified for a particular Sweepstakes, Sweepstakes are open to legal residents and natural persons of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years old at the time of entry (“Entrants”).  Customers, Employees, and Contractors of Evolus, Inc. (the “Sponsor”), Licensed Healthcare Providers, and their respective parent companies, subsidiaries, affiliates, employees, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter.   Sweepstakes are subject to federal, state, and local laws and regulations and void where prohibited.  No purchase is necessary to participate in the Sweepstakes.
2. Use of Information  Entrant consents that any information submitted with an Entry, including Entrant’s email address, image(s) and likeness, and social media handle, may be utilized by the Sponsors to send additional promotional and marketing messages. Further, Entrant expressly acknowledges that Sponsors may share such information with other third parties as stated in the Sweepstakes rules for such promotion, including to Prize suppliers.
3. Agreement to Official Rules.  Participation in a Sweepstakes constitutes any participating entrant’s (each, an “Entrant”) full and unconditional agreement to and acceptance of the Official Rules and the decisions of the Sponsor(s), which are final and binding. Winning a prize is contingent upon being compliant with the Official Rules and fulfilling all requirements set forth herein and in the rules for a particular Sweepstakes.
4. Sweepstakes Period (Timeframes).  The Sweepstakes begins at 11:11AM Pacific Time T November 11, 2021 (11/11/21 11:11am Pacific) and ends at 11:59 PT November 14, 2021 (11/14/21 11:59 pm Pacific)  (the “Sweepstakes Period”). Evolus’ computer instance is the time-keeping device for the Sweepstakes.  No Entries will be accepted in any Sweepstakes prior to the Sweepstakes Period beginning or after the Sweepstakes Period ends. Sponsor reserves the right to change, modify or extend the Sweepstakes Period if and as Sponsor deems necessary. Sponsor reserves the right to suspend or cancel the Sweepstakes at any time.
5. How to Enter. To participate, you must have an Instagram® account. Instagram accounts are free but subject to Instagram LLC’s terms of service: https://help.instagram.com/581066165581870.  Posting on Instagram requires a mobile device, and therefore, message and data rates may apply when using a mobile device to enter the Sweepstakes.   Sponsor is not responsible should Instagram become unavailable, delayed,  or inaccessible at any point during the Sweepstakes period. An Entrant may enter the Sweepstakes in accordance with the following requirements:
6. Submission of Entries. Entry will be available only by visiting or using Instagram during the Sweepstakes Period and following the directions required for an Entry. The Platform is subject to limitations, delays, and other problems inherent in the use of electronic communications, and Sponsors are not responsible for such issues. To enter, find Sponsor’s post advertising this Sweepstakes (the “Sweepstakes Post”) on the @evolus Instagram account.
7.  To qualify to enter the Sweepstakes, you must:
   1. Follow the @evolus account on Instagram; and
   1. Like the Sweepstakes Post.
8. Once you qualify, take the following action to receive an “Entry” as defined below to become an entrant in the Sweepstakes:
   1. @ Tag three (3) friends

If you choose to include additional content, it must be your original work, and must not be indecent, obscene, hateful, tortious, defamatory, libelous, contain material that violates or infringes another’s rights, disparages Sponsor or any other person or party, contains material that is unlawful in any way, mentions any off-label uses of Sponsor’s products, makes comparative claims relating to Sponsor’s products, or promote an Entrant’s personal venture in the Entry.

By tagging three friends as per above, you will receive one (1) Entry into the Sweepstakes, and you may have unlimited entries, subject to these Official Rules.  For the avoidance of doubt, for every three (3) tags of previously untagged friends, you will receive one (1) Entry into the Sweepstakes. Sponsor may disqualify your comment if it finds it to be unlawful or in violation of these Official Rules.  Released Parties are not responsible for lost, late, unreceived, damaged, incomplete, invalid, unintelligible, or delayed comments or failure to receive the comment due to limitations of third-party social media platforms, all of which will be void. Entrants are permitted to use one (1) Instagram account to enter this Sweepstakes and may not use a shared account. Use of any automated system to participate is prohibited and will result in disqualification.

Please see JEUVEAU® (prabotulinumtoxinA-xvfs) full Prescribing Information including Boxed Warning and Medication Guide.

• Prizes
• One year of treatment with Jeuveau (administration of 4 vials according to prescribing information)
• Prizes are not transferable, redeemable for cash, or exchangeable for any other prize.
• Sponsor makes no warranty with respect to any Prize, and – at all times – reserves the right to substitute a Prize of equal of greater value.
• Prize Winners.
• Selection. Unless otherwise specified for a particular Sweepstakes, all Potential Prize Recipients (as defined below) will be chosen by random chance drawing. Odds of winning depend on the number of eligible entries received.
• Winners. : Sponsor will serve as the administrator for the Sweepstakes and whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Sponsor will randomly select eleven (11) potential Sweepstakes winner(s) from all eligible Entries received during the Sweepstakes Period. 
• Notification; Conditions of Receipt. The Winner(s) will be notified through their Instagram social media account direct messages. Winners will be required to complete additional documentation or agreements, including a compliance notice with the Official Rules within five (5) business days of the Notification.  Winners must initially and continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements herein. If a Winner does not respond within twenty-four (24) hours of the @Evolus account DM message (the “Notification”) or otherwise cannot be contacted or in any way conflicts with the Official Rules, the Winner forfeits the applicable Prize (as defined below). In such an event, Sponsor may select another person to award the respective Prize to an alternate entrant via a chance drawing, though it is under no obligation to do so.
• Taxes. Winners shall be solely responsible for the payment of any and all taxes in connection with their receipt of a Prize. Entrant may, as a condition of receipt of a Prize, be required to provide a social security number for purposes of issuance of an IRS form 1099 at the end of the calendar year, a copy of which will be filed with the IRS.
• Grant of License; Publicity Consent.  Entrants hereby grant to Sponsor a royalty-free license to use his/her Entry in any manner the Sponsor deems necessary, reasonable, and/or appropriate in connection with the advertising, marketing, and promotion of its brand, company, and/or the Sweepstakes and throughout the Platform, Internet, advertising, and on other social media platforms. Entrant hereby expressly consents to the use of his/her personal information or other information, such as name, social media handle, voice or likeness, in advertising, promotional, and marketing materials; including identification as a Winner of a Sweepstakes.
• Representations and Warranties of Entrant.  In connection with the submittal of each Entry in the Sweepstakes, each Entrant hereby represents and warrants to Sponsors that: (a) Entrant has the full power and authority to deliver its Entry in compliance with the Official Rules; (b) the Official Rules are a legally valid and binding obligation of Entrant; (c) Entrant is the rightful owner of any and all information he/she submits with an Entry; and (d) the Entry submitted by Entrant does not contain any known trojan horses, viruses, worms, “lock-up” codes, protecting codes, or other internal devices or mechanisms which are intended to halt, disrupt, restrict, or grant improper access to the Platform, Sponsors’ systems, or disrupt the Entries of others.
• General Conditions.  In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason (including – but not limited to – fraud, virus, bug, worm, auto-script or bots, unauthorized human intervention, or other technical problem), or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsors in their sole and absolute discretion, the Sponsors may, in their 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) terminate the Sweepstakes (and, in the event of termination, award the Prize at random from among the eligible, non-suspect Entries received in such Sweepstakes up to the time of the impairment). The Sponsors reserve the right in their sole discretion to disqualify any Entrant they find to be tampering with the entry process or the operation of a Sweepstakes or to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the Platform or undermine the legitimate operation of a Sweepstakes may be a violation of criminal and civil law, and – should such an attempt be made – Sponsors reserve the right to seek damages (including attorneys’ fees) and any other remedies at law and in equity from any such person to the fullest extent permitted by law. Failure by Sponsors to enforce any provision of the Official Rules shall not constitute a waiver of that provision.
• Release and Limitations of Liability.  By participating in the Sweepstakes, Entrants agree to release and hold harmless each Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prizes (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the cancellation or postponement of the event, if applicable, the incorrect downloading of the application, the processing of Entries, application downloads or in any Sweepstakes-related materials; (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or acceptance, receipt or misuse of the Prize (including any travel or activity related thereto); or (g) force majeure or acts beyond the reasonable control of Sponsors, including but not limited to acts of terrorism, earthquakes, acts of God, war, weather, labor shortages or disputes, embargo, riot, acts or omissions of vendors or suppliers, governmental act, or other acts beyond the reasonable control of Sponsors. Entrant further agrees 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 entrant be entitled to receive attorneys’ fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
• Disputes.  Each Entrant agrees 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 in accordance with the dispute resolution provisions in the terms provided by any Prize Supplier respective to what a Winner receives, with the venue for any such dispute resolution to be Orange County, California. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules; Entrant’s rights and obligations; or the rights and obligations of the Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules.
• Use of Information; Privacy.  Information collected from Entrants is subject to the Evolus Privacy Policy (available at https://www.evolus.com/privacy-policy/ ) ; provided, however, by entering a Sweepstakes, Entrant consents that any information submitted with an Entry, including Entrant’s email address, may be utilized by the Sponsors to send additional promotional and marketing messages. Further, Entrant expressly acknowledges that Sponsors may share such information with other third parties as stated in the Sweepstakes rules for such promotion, including to Prize suppliers.

©2021 Evolus, Inc. All rights reserved.  Jeuveau® is a registered trademark of Evolus, Inc.