Pacifica Beauty
Wellness ERA CONTEST
Official Rules
PLEASE READ: These Rules contain a mandatory arbitration agreement and a class action waiver requiring you to resolve any disputes between you and Pacifica Beauty, and Pacifica Beauty’s related and affiliated entities and all predecessors, assigns and successors thereto and all of their respective fiduciaries, shareholders, equity holders, members, managers, partners, directors, divisions, officers, managers, executives, employees, independent contractors, freelancers, consultants, attorneys, administrators, agents and insurers and all persons acting by, through, under or in concert with any of them through final and binding arbitration on an individual basis and requiring you to forgo jury trials, class or collective actions or proceedings, and all other types of court proceedings of any kind. Unless you opt out of the arbitration agreement following the procedures set forth in Section 3 below, you will be bound by this arbitration agreement. By entering the Contest, you acknowledge that you understand and expressly agree to the mandatory arbitration agreement, these Official Rules, and any other applicable terms and conditions.
1. SPONSOR
The Wellness Era Contest (the “Contest”) is sponsored by Pacifica Beauty LLC, 1090 Eugenia Place, Suite 200, Carpinteria, CA 93013 (“Pacifica Beauty” or “Sponsor”). This Contest is in no way sponsored, endorsed, or administered by, or in association with any social media platform or other entity through which the Contest is promoted.
2. CONTEST DESCRIPTION
The Contest invites participants to show Pacifica Beauty how they live their wellness. During the Contest Period, consistent with these Official Rules, participants must post a video using the Contest hashtag, featuring a Pacifica Beauty product, that shows how they live their wellness.
3. DISPUTES
JURY TRIAL WAIVER
BY AGREEING TO THESE OFFICIAL RULES, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THE SWEEPSTAKES OR THESE RULES (“DISPUTES”), AND ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
BINDING ARBITRATION AGREEMENT
Except where prohibited, you agree that: (A) any and all disputes, claims and causes of action arising out of or connected with the Contest shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the Consumer Arbitration rules of the American Arbitration Association (“AAA”) available at https://www.adr.org/sites/default/files/Consumer-Rules-Web_0.pdf, as may be supplemented and amended from time to time, including any mass arbitration rules and schedules, and held remotely or at the AAA regional office in Los Angeles, California; (B) the Federal Arbitration Act will govern the interpretation, enforcement and all proceedings at such arbitration, including (i) any claim that all or any part of this Arbitration Agreement is void or voidable, and (ii) all threshold arbitrability issues, including but not limited to whether these Official Rules are unconscionable or illusory and any defense to arbitration including waiver, delay, laches, or estoppel; (C) judgment upon such arbitration award may be entered in any court having jurisdiction; and (D) unless otherwise prohibited, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the creation, interpretation, construction, validity, applicability, formation, or enforceability of this Agreement, the Official Rules, any other terms and Conditions, the rights and obligations or you and Pacifica Beauty in connection with the Contest, any documents or agreements incorporated by reference in any of the foregoing, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine all threshold arbitrability issues, including whether any claim is arbitrable and whether these terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Pacifica Beauty. Unless both you and Pacifica Beauty agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
In the event that 20 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, AAA shall: (i) administer the arbitration demands in 20 batches, with the discretion to create additional batches if AAA finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side as set forth in AAA’s Mass Arbitration and Mediation Fee Schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of claims. This provision shall in no way be interpreted as authorizing class arbitrations of any kind. The Company reserves all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this subsection is void or unenforceable for any reason or that an arbitration can proceed on a class basis, or that an arbitration can proceed on a mass arbitration basis without the application of this paragraph, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and the Company shall be deemed not to have agreed to arbitrate Disputes.
CLASS ACTION WAIVER
You acknowledge and agree that you and Pacifica Beauty are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. If any court or arbitrator determines that, for any reason, an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section 3 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.
Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, you and Pacifica Beauty each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright rights, trade secrets, patents or other intellectual property rights.
OPT-OUT PROCEDURE
You can choose to reject this Arbitration Agreement by sending Pacifica Beauty a written opt-out notice (“Opt-Out Notice”) by no later than July 16, 2025, by email to ecom@pacificabeauty.com or by mail to Pacifica Beauty, 1090 Eugenia Place, Suite 200, Carpinteria, CA 93013. If mailed, the Opt-Out Notice must be post-marked by no later than July 16, 2025. To be effective, the Opt-Out Notice must contain your name, address, signature, and intent to Opt-Out of the Arbitration Agreement applicable to the Contest. If you opt-out of the Arbitration Agreement, all other parts of the Official Rules will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future Arbitration Agreements that you may enter with the Pacifica Beauty.
GOVERNING LAW
All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules and any other terms and conditions, or the rights and obligations of you and Pacifica Beauty in connection with the Contest 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 (whether of State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
4. CONTEST PERIOD
The Contest starts April 1, 2025 at 12:00 am Pacific Daylight Time (“PDT”) and ends June 27, 2025 at 11:59 pm PDT (“Contest Period”).
The Contest Period is comprised of three rounds (“Contest Rounds”):
Round 1
· April 1: Contest launches at 12:00 am PDT; Round 1 Entries may be submitted.
· April 30: Round 1 submission window closes at 11:59 pm PDT.
· May 30: Announcement of Entries advancing to Round 2.
Round 2
· May 8: Round 2 Entries may be submitted at 12:00 am PDT.
· June 6: Round 2 submission window closes at 11:59 pm PDT.
· June 15: Announcement of Entries advancing to Round 3.
Round 3
· June 16: Round 3 Entries may be submitted at 12:00 am PDT.
· June 27: Submission window closes at 11:59 pm PDT.
· July 9: Grand Prize & Runner Up Winners Announced.
5. ELIGIBILITY
Contest is open to legal residents of the fifty (50) United States and District of Columbia, who on the date of entry are legal residents of the U.S.A. and who are at least eighteen (18) years of age or older. Employees of Pacifica Beauty LLC ("Sponsor"), its parent, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. The contest is subject to all applicable federal, state and local laws. By participating, each entrant agrees to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest. Winners must be able to travel to Santa Ynez, California for a two (2) day retreat between July - September 2025.
BY PARTICIPATING IN THE CONTEST, YOU AFFIRM YOUR ELIGIBILITY AND AGREE TO BE BOUND BY THESE OFFICIAL RULES AND ALL DECISIONS OF PACIFICA BEAUTY, WHICH ARE FINAL, BINDING AND CONCLUSIVE WITH RESPECT TO ALL MATTERS RELATING TO THE CONTEST.
6. HOW TO ENTER
No purchase is necessary and no entry fee, payment or proof of purchase is necessary to enter or win this contest. A purchase will not increase your chances of winning. An email account, Tik Tok account, and internet connection are required.
During the applicable Contest Round, to enter, (1) Follow @pacificabeauty on TikTok; (2) Make and post a TikTok video highlighting how the contestant lives their wellness as well as “follow the rules” and how you “make your own rules around living your individual wellness” (“Entry” and each individual submitting an Entry is an “Entrant”). All Entries must use the hashtag, #pacificawellnessera and must include at least one Pacifica Beauty product.
Round 1 Entries must be between 30-60 seconds. Round 2 Entries must be no more than 120 seconds. Round 3 Entries must be no longer than 180 seconds. All Entries in each Round must be received via the hashtag by 11:59 PM PT on the date of submission window closure per round. Only one Entry may be submitted per Round, and any additional Entries will not be considered.
Only eligible Entries submitted in Round 1 will be considered for advancement to Round 2. Only eligible Entries submitted in Round 2 will be considered for advancement to Round 3. Thirty (30) Entrants will advance to Round 2 and 15 Entrants will advance to Round 3.
If you do not have a TikTok account, you can establish an account pursuant to TikTok’s rules and procedures. Your TikTok account must be set to “public” during the entirety of each Contest Round in which you participate in order for your Entry to be eligible. All Entries become the property of Sponsor.
Additional Requirements
· Entries must be the original work of the Entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
· Entries generated by script, macro or other automated means or by any means which subvert the entry process are void.
· Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:
o is sexually explicit or suggestive, or is profane, pornographic, or contains nudity;
o is defamatory, slanderous, libelous, scandalous or obscene;
o is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
o promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
o promotes any activities that may appear illegal, unsafe or dangerous;
o promotes any political agenda or message;
o is obscene or offensive;
o endorses any form of hate or hate group;
o appears to duplicate any other submitted Entries;
o defames, misrepresents or contains disparaging remarks about Sponsor or its products or services, or other people, products or companies;
o contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, to the extent permission is necessary;
o contains any personal information that may be used to identify any individual, such as license plate numbers, personal names, e-mail addresses or street addresses;
o contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission, to the extent permission is necessary;
o contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
o contains look-alikes of celebrities or other public or private figures, living or dead;
o communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
o violates any law.
Sponsor may disqualify any Entry for any reason, including if it determines, that the Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.
7. JUDGING CRITERIA
Following the conclusion of each Round, all eligible Entries received will be judged by a panel of qualified judges based on the following equally weighted criteria: (1) the embodiment of Pacifica Beauty’s core values of creative self-wellness, (2) the representation of how personal authenticity is reflected through ritual, and (3) reflection of the Pacifica Beauty brand image (“Criteria”). All decisions of the Sponsor and judges are final and binding. Sponsor will not reveal the judging scores for any Entry.
8. WINNERS AND ODDS
There may be up to five winners of the Contest—three (3) Grand Prize Winners and two (2) Runner Up Prize Winners. The odds of winning depend upon the number of valid Entries submitted. Winners will be selected subject to these Official Rules and any other applicable terms and conditions.
Potential winners will be notified by direct message on TikTok from @pacificabeauty official TikTok accounts and required to execute and return a Non-Disclosure Agreement, Model Release Agreement and, unless prohibited, Publicity Release, as well as a W-9 form. If the potential winners do not respond to the initial notification within twenty-four (24) hours, does not return all required documentation within the time period stated, has conflicting commitments or obligations that would interfere with the winner’s ability to complete the documentation or travel required, or if a notification is returned as undeliverable, potential winner is unavailable to attend prize trip to Santa Ynez, California on or about 2 days within the time period of July-September 2025, or such potential winner is not in compliance with these rules, prize will be forfeited and, at Sponsor’s discretion, a runner-up will be notified. No plus ones will be offered to attend.
9. PRIZES
Three (3) Grand Prize winners will each receive a $10,000.00 USD cash prize, a photoshoot trip (flight, hotel, food, and travel necessities) to Santa Ynez, California valued at $10,000.00 USD a Pacifica Beauty shopping trip at Ulta Beauty valued at $500.00 USD. The trip will take place on or about 2 days within the time period of July-September 2025 The total Grand Prize for each Grand Prize winner is valued at $25,000.00 USD.
Two (2) Runner Up Prize winners will each receive a $1,500.00 USD cash prize, and a Pacifica Beauty shopping trip at ULTA Beauty valued at $500.00 USD. Total Runner Up Prize for each Runner Up is valued at $2,000.00 USD.
Pacifica Beauty may modify prize conditions at any time in its sole discretion. Prizes are nontransferable. No cash alternative or prize substitutions are allowed, except in Pacifica Beauty’s sole discretion. Prizes may not be sold, bartered, or exchanged by the winners. Pacifica Beauty shall, in its sole discretion, determine any details of any prize not specified herein.
10. GRANT OF RIGHTS
By submitting an Entry, entrant waives all moral rights in and to the entry and grants to Sponsor and its licensees, successors and assigns an irrevocable, perpetual, unlimited, royalty-free, fully paid-up license to reproduce, distribute, display, exhibit, exploit, perform, edit, create derivatives of, and otherwise use the Entry and all elements of such Entry, together with any other material, and the name, user name, city and state of residence, voice, image and/or likeness of entrant (including, but not limited to, profile photo), in any and all media now known or hereafter devised, in any manner, in whole or in part, worldwide, without compensation or notification to, or permission from, entrant or any third party, for any purpose whatsoever, including without limitation, for purposes of advertising or trade. Entrant agrees that he/she/they will sign documents to this effect. Released Parties are not responsible for any unauthorized use of Entries by third parties. Sponsor has no obligation to make use of the rights granted herein.
11. PRIVACY & DATA USE
Sponsor will be collecting personal data about entrants in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://www.pacificabeauty.com/pages/privacy-policy.
12. TERMINATION
Pacifica Beauty is not responsible for any lost, late, misdirected, stolen, illegible or incomplete entries. If, for any reason, the Contest is not capable of running as planned (e.g. infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Pacifica Beauty which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest), Pacifica Beauty reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and/or select a winner from all eligible entries received prior to the cancellation. Pacifica Beauty reserves the right to correct any typo-graphical, printing, computer programming or operating errors at any time.
13. LIMITATION OF LIABILITY
By entering or participating in the Contest, you agree for you/yourself, those for whom you are a parent or legal guardian, your agents, representatives, executors, and administrators to (A) release, indemnify, defend and hold harmless Pacifica Beauty and its respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, claim, cause of action, allegation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from the participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prizes or any portion thereof; (B) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and the terms and conditions and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of Pacifica Beauty, which are binding and final. Failure to comply with these conditions will result in disqualification from the Contest at Pacifica Beauty’s sole discretion.
Pacifica Beauty shall in no circumstances be liable for any accidents or incidents that may occur while a participant is participating in the Contest, nor for the loss or theft of the any prize once a participant has taken possession of it. In particular, Pacifica Beauty shall be fully, unconditionally and entirely discharged of liability.
Additionally, Pacifica Beauty is not responsible for, and you hereby release Pacifica Beauty from any claims arising from: (A) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (B) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (C) unauthorized human intervention in any part of the entry process of the Contest; (D) electronic or human error which may occur in the administration of the Contest or the processing of entries; and (E) any injury or damage to persons or property, including but not limited to your computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest.
You agree that the releases in these Official Rules are intended to apply to all claims whether or not known or suspected to exist with the intent of waiving the effect of California Civil Code Section 1542 and other laws requiring the intent to release future unknown claims. If you are a California resident, you represent and warrant that you are familiar with Section 1542 of the California Civil Code, which provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
With full awareness of an understanding of this provision, you waive and voluntarily relinquish any right or benefit you may have under Section 1542 of the California Civil Code, and any similar provision of statutory or non-statutory law of any other jurisdiction, to the fullest extent that you may lawfully waive all such rights and benefits pertaining the subject matter of these Official Rules.
Pacifica Beauty makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Contest or the Prizes, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement. ALL PRIZES ARE PROVIDED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
14. WINNER’S LIST
For a copy of these Official Rules or the winners’ names, please email: ecom@pacificabeauty.com with the subject line: Wellness ERA CONTEST no later than thirty (30) days after the end of the Contest Period. Please specify the information requested.
