NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS.
1. ELIGIBILITY: The Makeup.com “Switch Up Your Look with Baubles & Brights Giveaway” (“Sweepstakes”) is open to legal residents of the fifty United States and the District of Columbia, who are at least eighteen (18) years of age or older as of the date of their entry (“Entrant”). Employees of Makeup.com (“Sponsor”), VaynerMedia (“Administrator”), BaubleBar Inc., their parent companies, affiliates, subsidiaries, advertising and promotion agencies (collectively, the “Promotion Parties”), and the immediate family defined as parents, spouse, children, siblings, grandparents, or persons living in the same household of each are not eligible. This Sweepstakes is void where restricted or prohibited, and is subject to all applicable federal, state and local laws and regulations.
2. TO ENTER: The Sweepstakes will begin at 12:30 PM Pacific Time (“PT”) on May 22, 2014 and end at 12:30 PM Pacific Time (“PT”) on June 1, 2014 (“Sweepstakes Period”). Internet access is required to enter and you must have a registered account on makeup.com (the “Website”). Registration on the Website is free. During the Sweepstakes Period, you must: (1) Visit the Website and click the Login/Register button and follow the directions to register (if you haven’t already) or login. (2) Once logged in, click on the “Giveaways” tab in the navigation bar and then click on the “Switch Up Your Look with Baubles & Brights Giveaway” post. (3) Once on the post, you must leave a comment stating which “look” you would like to win and why. The comment box is located at the bottom of the page and is titled “Join The Conversation”. (4) Once you have entered a comment, click the “Post Comment” button located on the bottom right of the comment box to submit your answer. Once the comment has been submitted, you will earn one (1) entry (“Entry”) into the Sweepstakes. By entering, you will automatically be opted-in to receive email communications from Makeup.com and BaubleBar. All Entries must be received by 5:00 PM PT on June 1, 2014 to be eligible. Limit one (1) Entry per person, per email address for the duration of the Sweepstakes Period. Entries will not be judged. Entries received from any person or email address in excess of the above-stated limitation will be void. Entries generated by script, macro or mechanical means and entries made by any means that subvert the Entry process are void. In the event of a dispute over the identity of an Entrant, Entry will be deemed submitted by the authorized account holder of the email used to enter the Sweepstakes. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address.
3. ENTRY REQUIREMENTS: Entries must comply with these Official Rules and must not defame or libel Sponsor or any third party. Entries that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content, as determined by the Sponsor in its sole discretion, will be disqualified and will not be eligible for a prize. Sponsor further reserves the right, in its sole discretion, to edit any Entry. Sponsor makes the final determination as to which Entries are eligible to take part in this Sweepstakes, and Sponsor’s decisions shall be binding. Entries must be in English. All Entries must be the sole, original work of the Entrant. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, sarcastic, offensive or defamatory, includes any trademarks, logos or brands (other than Makeup.com or BaubleBar), violates the proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, is otherwise objectionable, or in any way is incomplete, indecipherable, or otherwise not in full compliance with these Official Rules, will be disqualified. Content that includes phrases, trademarked material, logos or other third party materials may be disqualified in Sponsor’s sole discretion. Entrants and winners acknowledge and agree that their Entries become the property of the Sponsor. By entering, Entrants agree to waive any rights they may have to the Entry submitted. Sponsor makes the final determination as to which Entries are eligible to be included in this Sweepstakes, and Sponsor’s decisions shall be binding.
4. SELECTION OF WINNERs: Three (3) winners will be selected at random from all eligible Entries received during the Sweepstakes Period on or about June 2, 2014. The winners will be contacted via email at the submitted email address and asked to submit their mailing address, date of birth and phone number within seven (7) calendar days of notification. If any winner is considered a minor in his/her jurisdiction of residence, the prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. If any winner cannot be contacted within seven (7) calendar days of first notification attempt, if prize or prize notification is returned as undeliverable, if any of the winners rejects their prize or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected from all remaining eligible Entries. Upon prize forfeiture, no compensation will be given. Odds of winning are dependent upon the number of eligible Entries received during the Sweepstakes Period.
6. PRIZE DESCRIPTION: Grand Prize (3): Sponsor specified jewelry piece and 5-piece lipstick set. Minimum value $90; Maximum value $98 each.
Actual prizes and prize components are Sponsor-specified. No substitution or transfer of a prize is permitted by any winner. Sponsor reserves the right to substitute a prize of equal or greater value in the event that the prize (or a portion of the prize) is unavailable in its sole discretion. Sponsor reserves the right to substitute a prize or portion of a prize of equal or greater value in its sole discretion. The prize winners will be solely responsible for all taxes, if any, and any expenses not specified, related to acceptance and/or use of prize. In the event the winners/winners’ Entries are featured on a website or in any publication or advertising, no additional compensation beyond the prize will be awarded.
7. SPONSOR’S RIGHTS IN SUBMITTED MATERIALS: By entering the Sweepstakes and submitting information, your Entry and/or other materials (“Submitted Materials”), you grant Promotion Parties the irrevocable and perpetual nonexclusive right to use your Entry, name and biographical information and to display, print, publish, reproduce, distribute, modify, create derivative works from, promote and provide access to any such Submitted Materials, in any media throughout the world, and without additional consideration. All Submitted Materials must not infringe third-party rights and must be suitable for publication (e.g., may not be obscene or indecent). Sponsor may modify or edit Submitted Materials in its sole discretion. By entering the Sweepstakes, you consent to the use by the Promotion Parties of your name, Submitted Materials, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law and Sponsor reserves the right to edit, use or reformat the Submitted Materials in any way they see fit.
8. RELEASE OF LIABILITY: By participating, you release the Promotion Parties, their respective partners, employees, directors, and agents, including advertising and promotion agencies (“Released Entities”), from and against any liability from any injury, loss, or damage caused or claimed to be caused by, or arising out of, your participation in the Sweepstakes and/or the acceptance, awarding, receipt, use, and/or misuse of any prize, and you agree that the Released Entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Sweepstakes and/or the awarding of the prize, except as expressly set forth in these Official Rules. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Sweepstakes Entrant agrees that, by entering the Sweepstakes: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or the prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental, or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. By entering, you agree to defend, indemnify, and hold harmless Released Entities against any and all third-party claims, damages, liabilities, costs, and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by you of any provision of these Official Rules, including, without limitation, your representations and warranties made herein.
9. GENERAL RULES: Sponsor is not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, entries or email; or for 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 or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of the prizes or in any Sweepstakes-related materials. 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. Released Parties are not responsible for injury or damage to Entrants or to any other person's computer related to or resulting from participating in this Sweepstakes. Persons who tamper with or abuse any aspect of the Sweepstakes or Website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Each winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, Entry, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of Entry will be deemed to be the Entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the ISP, on-line service provider, or other organization responsible for assigning e-mail addresses. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10. ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, Entrant agrees that: (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased.
12. WINNERS LIST: For the names of the winners, available after June 13, 2014, send a self-addressed, stamped envelope by July 13, 2014, to: VaynerMedia, LLC, c/o Makeup.com “Switch Up Your Look with Baubles & Brights Giveaway” Winners, 315 Park Ave South, 16th Floor, New York, New York, 10010.
13. SPONSOR/ADMINISTRATOR: The Sponsor of the Sweepstakes is Makeup.com, 575 Fifth Avenue, New York, NY 10017. The Administrator of the Sweepstakes is VaynerMedia LLC, 315 Park Ave South, 16th Floor, New York, New York, 10010.