Refer-a-Friend ToS

hOmeLabs Refer-a-Friend SMS Sweepstakes

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

  1. Eligibility: hOmeLabs Refer-a-Friend SMS Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Any (i) non-natural persons (including corporations and other business entities); (ii) employees, officers, contractors and representatives of Aterian, Inc. (“Sponsor”), and their respective parents, affiliates, subsidiaries and advertising and promotion agencies; as well as (iii) the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members, whether or not related, of each such individual are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s decisions are final and binding in all matters related to the Sweepstakes. Winning a Prize (hereinafter defined) is contingent upon fulfilling all requirements set forth herein.

  2. Sponsor: Aterian, Inc., 37 East 18th Street, New York, NY 10003. 

  3. Timing: The Sweepstakes begins on November 2, 2021 at 12:00 p.m. Eastern Time (“ET”) and ends on November 9, 2021 at 11:59 p.m. ET (the "Promotion Period”). Sponsor’s servers are the official time-keeping device for the Sweepstakes.

  4. How to Enter: During the Promotion Period, you may get a short message service (“SMS”) or text message to your phone either directly from the Sponsor or one of its affiliates, or from someone you know, which will direct you to the sweepstakes website: https://www.homelabs.com/pages/refer-a-friend (the “Sweepstakes Site”). If you received the SMS from the Sponsor or its affiliates, you will need to send the Sweepstakes Site to another person (“Referred Friend”), in order to be entered into the Sweepstakes. If you receive an SMS with the Sweepstakes Site from another person, you will need to visit the Sweepstakes Site, complete the Sweepstakes entry form, and text us the name of the person who referred you, in order to automatically be entered into the Sweepstakes. Both the Referred Friend, as well as the person who referred the Referred Friend (“Referring Friend”), must meet the eligibility requirements in paragraph 1 of these Official Rules. Once a Referred Friend responds to the SMS they receive and provide the name and number of the Referring Friend, both the Referring Friend and the Referred Friend become eligible for the Sweepstakes as a pair (“Eligible Pair”). You can refer any number of other persons so long as they meet the eligibility requirements in paragraph 1 of these Rules. You will form an Eligible Pair with any number of eligible persons who you refer, and who respond to the SMS we send them and give us your name as the person who referred them to the Sweepstakes. Being part of more than one Eligible Pair will increase your chances of winning. You cannot refer or be referred by the same person more than one (1) time, or form more than one (1) Eligible Pair with the same person. The use of an agency or any automated system to enter is strictly prohibited and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion.

    By entering the Sweepstakes in accordance with the entry process described above, you will be registering to receive SMS communication from Sponsor and their respective parents, affiliates,  and subsidiaries, and agreeing that your registration and any other information collected in connection with the Sweepstakes may be used by the following partners: Aterian, Inc. in accordance with their Privacy Policy.

  1. Official Rules: Each Eligible Pair you form with another person must be unique. In other words, an entrant is not permitted to form an Eligible Pair with the same person more than one (1) time during the Promotion Period.  Multiple entrants are not permitted to share the same mobile phone number.  Any attempt by any entrant to obtain more than (1) entry as an Eligible Pair with the same person by either the entrant or the Referred Friend using multiple/different mobile phone numbers, identities, registrations and logins, or any other methods will void all of that entrant's or Referred Friend’s entries and that entrant or Referred Friend may be disqualified. Use of any automated system by an entrant to participate is prohibited and will result in disqualification from participation in the Sweepstakes.  For the avoidance of doubt, no mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. In the event of a dispute as to any registration determined by the Sponsor, the authorized account holder of the mobile phone number used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned a mobile phone number by a mobile network access provider, online service provider or other organization responsible for assigning mobile phone numbers. Each potential winner may be required to show proof of being an authorized account holder.

    Released Parties (as defined in Section 10, below) are not responsible for (i) lost, late, unreceived, damaged, incomplete, improperly submitted, undeliverable, invalid, un-intelligible, garbled, delayed, misdirected or otherwise irregular Sweepstakes entries; (ii) theft, destruction,  unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties, all of which will render such entries void. 

    Any Sweepstakes entries (including any content therein) that are submitted, transmitted, or otherwise made available to Sponsor (via its website or otherwise) shall remain the sole and full responsibility of entrant. Accordingly, entrant represents and warrants to Sponsor that any entry submitted in connection with the Sweepstakes is:

  1. is true, accurate, current, complete and not misleading, fraudulent or deceptive;
  2. does not and will not violate any applicable state, federal or local laws (including regulations relating to sedition, obscenity or abuse);
  3. does not and will not violate the rights of any third party, including, without limitation copyrights, trademark rights, patent, trade secret and/or any other intellectual property rights and any rights of publicity or rights of privacy;
  4. is not obscene, offensive, defamatory, and does not contain vulgar or profane language, as determined by Sponsor; and
  5. will not subject Sponsor to any form of liability or prejudice whatsoever.

  1. Rewards: If a Referred Friend responds to our SMS inviting them, and gives us the name of their Referring Friend, both the Referring Friend and Referred Friend will unlock a fifteen percent (15%) discount code, which can be applied to a single order on hOmeLabs.com (the “Reward”). You cannot get more than one Reward, regardless of how many people you refer or how many people refer you to the Sweepstakes.

  2. Determination and Verification of Potential Winner: Receiving a Prize or Reward is contingent upon compliance with the Official Rules. If either person in a potentially winning Eligible Pair is ineligible or disqualified for any reason, Sponsor may in its sole discretion award the Prize to an alternate Eligible Pair by random drawing from the remaining eligible entries. THE POTENTIAL WINNERS OF A PRIZE AND/OR REWARD ARE EACH SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ELIGIBLE PAIR IS NOT A WINNER OF A PRIZE OR REWARD, UNLESS AND UNTIL THE ELIGIBILITY OF BOTH PERSONS IN AN ELIGIBLE PAIR HAS BEEN VERIFIED BY SPONSOR IN ITS SOLE DISCRETION, AND BOTH PERSONS IN AN ELIGIBLE PAIR HAVE BEEN NOTIFIED BY SPONSOR THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.

  3. Prizes: One (1) Eligible Pair will receive the prize consisting of the following item (the "Prize"): 
  • A $500.00 USD gift card for the Referring Friend and $500.00 USD gift card for the Referred Friend, to use exclusively at hOmeLabs.com, with an approximate retail value (“ARV”) of $500 USD each. 

    Gift cards, vouchers, certificates, credits, or coupons (collectively, the “Gift Card”) values are less any applicable activation, transaction, or maintenance fees and subject to the terms, conditions, and restrictions disclosed on the Gift Card, including any stated expiration dates. Sponsor is not responsible for, and will not replace, any lost, stolen, destroyed, or expired Gift Cards, or Gift Cards used without winner’s permission.

    ONLY ELEMENTS OF THE PRIZE DESCRIBED ABOVE MAY BE AWARDED TO THE WINNING ELIGIBLE PAIR. The ARV of the Prize represents Sponsor’s good faith determination, which is final and binding and cannot be appealed. If the actual value of the Prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Prize is awarded “as is” with no warranty either express or implied. Prize is non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize (or portion thereof) for one of equal or greater value, in its sole discretion. Non-cash Prizes cannot be redeemed for cash. Winner is responsible for all taxes, fees and costs associated with Prize receipt and/or use not specified herein as being provided. All Prize details are at Sponsor’s sole discretion. Any portion or the Prize not accepted or unclaimed and/or unused by any Sweepstakes winner in a winning Eligible Pair will be forfeited and will not be substituted and no additional compensation will be provided. Odds of winning a Prize depend on the number of eligible entries received during  the Promotion Period. Total approximate retail value of all Prizes may be less than or equal to $900 USD. LIMIT: One (1) prize per each person in a winning Eligible Pair.

  1. Drawing and Notification: Sponsor will randomly select the potential Sweepstakes winners from all eligible entries during the Promotion Period on or about November 10, 2021. The potential winning Eligible Pair will be notified by sms to the mobile telephone numbers they entered the Sweepstakes with within five (5) business days following the winner selection. Both persons in a potential winning Eligible Pair must respond to accept or decline the Prize within three (3) business days of notification. If either person in a potential winning Eligible Pair cannot be contacted within three (3) business days of Sponsor’s notification, does not respond timely to Sponsor within three (3) business days of Sponsor’s notification, or if Prize or Prize notification is returned as undeliverable, an alternate potential Eligible Pair winner will be randomly selected by Sponsor. Upon Prize forfeiture, no payment or other compensation will be made to the original potential winner Eligible Pair, even if one person of the Eligible Pair timely responded to Sponsor. Both persons in a potentially winning Eligible Pair must sign and return an affidavit of eligibility, liability and publicity release within three (3) business days of acceptance or an alternate potential winning Eligible Pair may be selected. If the approximate retail value of the Prize along with other benefits you have received from Sponsor this year is greater than $600, a Social Security Number or Individual Taxpayer Identification Number is required to be provided to Sponsor for issuance of a 1099 Form. All fees, federal, state and other taxes, costs and expenses relating to the use, acceptance and possession of the Prize are the sole responsibility of the winners. In the event of noncompliance with any requirement by either person in a potentially winning Eligible Pair, the non-complying potential winning Eligible Pair will be disqualified from the Sweepstakes. In the event that a potential winning Eligible Pair is disqualified for any reason, Sponsor will award the Prize to an alternate winner by random drawing from among all remaining entries.

  2. Release: By entering, entrants, including Referred Friends and Referring Friends, agree to release, discharge, indemnify, defend  and hold harmless Sponsor, and their respective parents, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and Prize suppliers, and each of their respective officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim, damages or liability due to any injuries, losses or damages to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, enjoyment, ownership, possession, use, misuse or inability to use any Prize, or participation in the Sweepstakes or a related activity, whether under contract, tort (including negligence), warranty or any other applicable sources of law, including, without limitation (i) any condition caused by events beyond Sponsor’s control that may cause the Sweepstakes to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the Prize, or acceptance, possession, or use of the Prize or from participation in the Sweepstakes; and (iii) any printing or typographical errors in any materials associated with the Sweepstakes.

    IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DIRECT,  SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY  CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  1. Publicity: Except where prohibited, by participating in the Sweepstakes and/or winning any Prize, you consent to Sponsor’s and its agents’ use of your name, mobile phone number, Prize information, likeness, submission, photograph (including, without limitation, winner's Twitter/Instagram profile photo), biographical information, entry and statements attributed to entrant (if true), voice, opinions and/or hometown and state for promotional purposes in any and all media, now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and Sponsor.

  2. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, in whole or in part, for any reason, including any fraud, technical failures, human errors or any other factor that impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all non-suspect eligible entries received during the Promotion Period for any or all of the Prizes offered herein or as otherwise deemed fair and appropriate by Sponsor. Sponsor reserves the right to disqualify any reentrant or winning Eligible Pair, as determined by Sponsor, in its sole discretion. Any attempt by an entrant or any third party to circumvent, tamper, disrupt or damage the Sweepstakes entry process, defraud or gain an unfair advantage, engage in unsportsmanlike, disruptive, annoying, harassing or threatening conduct, or otherwise undermine the fairness, integrity and legitimate operation of the Sweepstakes, will result in automatic disqualification from the Sweepstakes and may constitute a violation of criminal and civil laws. Sponsor reserves the right to seek damages (including attorneys’ fees and other remedies) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 

  3. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing, typographical, technical or other  errors caused by or arising out of any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software, or lost, interrupted or unavailable network, server, internet service provider (“ISP”), website or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed or misdirected transmissions; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) other errors or problems of any kind relating to or in connection with Sweepstakes, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, but not limited to, errors or problems which may occur in the administration of the Sweepstakes, the processing of entries, submissions, posts or Tweets, the announcement of the Prizes or in any Sweepstakes-related, materials; (5) late, lost, undeliverable, damaged, incomplete, inaccurate, stolen, delayed, misdirected, not received or stolen mail or entries, submissions, tweets, posts, comments, direct messages, @replies on any social media platforms, emails or other communications; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any Prize or the Reward.  If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, not received or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, un-awarded, eligible Prize claims.

  4. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with (i) this Sweepstakes or (ii) any Prize or Reward awarded hereunder shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in the State of Delaware; (2) any and all claims, judgments and awards shall be limited to reasonable actual out-of-pocket costs incurred, including those reasonable costs associated with entering this Sweepstakes (including, but not limited to the receipt of any Prize or Reward), and in no event will entrant be permitted to obtain attorneys’ fees or other legal costs; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for reasonable actual out-of-pocket expenses, or any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant, Referred Friend or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Delaware without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware 

  5. Entrant's Personal Information: Information collected from entrant is subject to Sponsor’s Privacy Policy. Please review these Sweepstakes Official Rules and Sponsor’s Privacy Policy. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and use of their personal information and acknowledge that they have read and accepted these Sweepstakes Official Rules and Sponsor’s Privacy Policy

  6. Third Party Websites: Where a Sweepstakes involves access to or use of a third party website or social media channel (“Third Party Website”), entrant understands and agrees that: 
  1. Sponsor has no control over the Third Party Website whatsoever;
  2. Entrant’s use of or interaction with any Third Party Website related to or connected with the promotion or entry of this Sweepstakes is subject to each Third Party Website’s privacy policy;
  3. Entrant is solely and fully responsible for their dealings with the Third Party Website and is alone responsible for making whatever investigation they feel is needed or useful before commencement of dealings, and taking all precautions deemed necessary to protect themselves from viruses, worms, Trojan horses, malware and other harmful or destructive materials potentially residing on the Third Party Website; and
  4. Sponsor disclaims all responsibility for any harm resulting from entrant’s access to or use of a Third Party Website.
  1. Winners List: For the name of the winner, send a written request and stamped, self-addressed envelope (VT residents may omit return postage) to the following address: Aterian, Inc., Attn: Legal, 37 East 18th Street, New York, NY 10003. Requests for the names of the winners must be received no later than six (6) months after the Promotion Period has ended.
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