NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS.
1. ELIGIBILITY: The Makeup.com “Michelle Phan em Life Palette Giveaway” (the “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 as of the date of their entry, except employees of L’Oréal USA, Inc. (“Sponsor”), Everyday Health, Inc., their parent companies, affiliates, subsidiaries, advertising and promotion agencies (collectively, the “Promotion Parties”), persons living in the same households, and the families (spouse, parents, children and siblings) or household members of each. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
2. TO ENTER: The Sweepstakes will begin at 5am Pacific Time (“PT”) on January 22, 2014 and end at 5pm PT on January 26, 2014 (“Promotion Period”). Internet access is required to enter. During the Promotion Period, you must: (1) Visit Makeup.com (the “Website”) and click the Login/Register button; (2) follow the directions to login (if you haven’t already) or register; and (3) complete the Sweepstakes entry form. Registration on the Website is free. All entries must be received by January 26, 2014 at 5pm PT to be eligible. Limit one (1) entry per person, per email address for the duration of the Entry Period. 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. Once you have completed the process, you will be automatically entered to win the Prize of Makeup.com's Michelle Phan em Life Palette Giveaway. 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 prizes. 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. Inappropriate, sarcastic, or offensive entries, as determined by Sponsor in its sole discretion, will not be deemed valid entries.
4. SELECTION OF WINNER: One (1) winner of the Prize drawing will be selected at random from all eligible entries received for the drawing at the conclusion of the Promotion Period on or about January 26, 2014. The winners will be contacted via email at the submitted email address and asked to submit his or her mailing address and phone number. Winners may be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release (collectively, “Release”) within seven (7) calendar days of prize notification. If any winner is considered a minor in his/her jurisdiction of residence, Release must be signed by his/her parent or legal guardian and such 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 five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these rules and requirements, 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 for each drawing during the Promotion Period.
5. PRIZE DESCRIPTION & APPROXIMATE RETAIL VALUE:
One (1) winner will be selected in the Prize random drawing, where winner will receive: One (1) em Life Palette (Approximate Retail Value (“ARV”): $75); and one (1) em Makeup Brush Set (ARV:$159). Total ARV of all Prizes: $234.
No substitution or transfer of the Prize is permitted by the winner. Sponsor reserves the right to substitute prizes of equal or greater value in its sole discretion. Limit one (1) Prize per person. The Prize winners will be solely responsible for all taxes, if any, and any expenses not specified related to acceptance and/or use of his/her Prize. All unspecified expenses are the responsibility of winners.
In the event the winner is featured on a website or in any publication or advertising, no additional compensation beyond the Prize or Grand Prize will be awarded.
6. SPONSOR’S RIGHTS IN SUBMITTED MATERIALS: By entering the Sweepstakes and submitting information, photographs, and/or other materials (“Submitted Materials”), you grant Sponsor and its agents the irrevocable and perpetual nonexclusive right to use your 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). By submitting any material, you warrant and represent that you have permission from all persons identified or depicted in all Submitted Material, including without limitation from any person who took photos, if any. 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 (including photographs, if applicable), and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law.
7. 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 and all 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 the 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 any 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 any prizes 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.
8. OTHER RULES: Void where prohibited. All federal, state, and local laws apply. Sponsor is not responsible for: (i) lost, late, misdirected, damaged, garbled, or illegible entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft, or destruction or unauthorized access to or alterations of emails or other Submitted Materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive emails or other Submitted Materials or entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (a) agree to be bound by these Official Rules, including all eligibility requirements, and (b) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and (ii) suspend, modify or terminate the Sweepstakes if Sponsor believes, in its sole discretion, that malfunction, error, disruption, or damage is impairing or will impair the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER, OR VANDALIZE THE SWEEPSTAKES WEBSITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10. WINNERS' LIST: For the name of the winners (available after January 26, 2014) send a #10 self-addressed, stamped envelope to: Everyday Health Media, LLC, c/o Makeup.com Giveaway, 345 Hudson Street, 16th floor, New York, New York, 10014.
Sponsored by L’Oréal USA, Inc. 575 5th Avenue, New York, NY 10017 and administered by Everyday Health Media, LLC, c/o Makeup.com Giveaway, 345 Hudson Street, 16th floor, New York, New York, 10014.