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 “Holiday Survival Kit” Giveaway (the “Giveaway”) 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. Employees of Makeup.com (“Sponsor”), VaynerMedia, 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 Giveaway is void where restricted or prohibited, and is subject to all applicable federal, state and local laws and regulations.
2. TO ENTER: The Giveaway will begin at 9:00 AM Pacific Time (“PT”) on November 18th, 2014 and end at 5:00 PM PT on November 24th, 2014 (“Giveaway 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 Giveaway Period, you must: (1) Visit the Makeup.com Giveaway page and review the “Holiday Survival Kit” Offerpop tab within the iFrame on the Website. (2) Complete the on-site prompt to enter by submitting your first name, last name, email, and date of birth. (3) Once you have entered your information, click the enter button to submit your entry. All entries must be received by November 24th, 2014 at 5:00 PM PT to be eligible. Limit one (1) individual submission per person, per email address for the duration of the Giveaway 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. 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 Giveaway. “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.
Users will be asked to consent to receive promotional e-mails and reminder e-mails from Makeup.com. For this Giveaway, entrants are required to opt into receiving emails from Makeup.com to be officially entered to win.
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 the prize. Sponsor makes the final determination as to which entries are eligible to take part in this Giveaway, and Sponsor’s decisions shall be binding. Entrants and winner acknowledge and agree that their entries become the property of the Sponsor.
4. SELECTION OF WINNERS: Three (3) winners will be selected at random from all eligible entries received during the Giveaway Period on or about December 1st, 2014. The winners will be contacted via email at the submitted email address and may be required to sign and return, an Affidavit of Eligibility and Liability/Publicity Release (collectively, “Release”) within seven (7) calendar days of prize notification. If a 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 the winner cannot be contacted within four (4) calendar days of first notification attempt, if prize or prize notification is returned as undeliverable, if a winner rejects his/her 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 Giveaway Period.
6. PRIZE DESCRIPTION & APPROXIMATE RETAIL VALUE (“ARV”): Three (3) Prizes will be awarded consisting of a prize package of NYX cosmetics as follows:
Butt Naked – Turn the Other Cheek ($25.00)
The Suede Shadow Palette ($12.00)
Simply Vamp Lip Cream - Enamored ($6.50)
Simply Vamp Lip Cream – Aphrodisiac ($6.50)
Simply Vamp Lip Cream – She Devil ($6.50)
Simply Red Lip Cream – Candy Apple ($6.50)
Simply Red Lip Cream – Maraschino ($6.50)
Simply Red Lip Cream – Seduction ($6.50)
Simply Red Lip Cream – Leading Lady ($6.50)
Simply Red Lip Cream – Knock Out ($6.50)
Simply Nude Lip Cream – Peaches ($6.50)
Simply Nude Lip Cream – Exposed ($6.50)
Simply Nude Lip Cream – Disrobed ($6.50)
Simply Nude Lip Cream – Fairest ($6.50)
Simply Nude Lip Cream – Honey ($6.50)
Simply Nude Lip Cream – Sable ($6.50)
Estimated ARV: $128.00 each.
All portions of the prize are Sponsor-specified.No substitution or transfer of the Prize is permitted by the 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. 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 each winner. In the event a winner is 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 Giveaway, you consent to the use by the Promotion Parties of your name, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law.
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 and all injury, loss, or damage caused or claimed to be caused by, or arising out of, your participation in the Giveaway 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 Giveaway 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, Giveaway entrant agrees that, by entering the Giveaway: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Giveaway, 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 Giveaway, 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 CONDITIONS: Released Entities are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or postage-due mail, 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 Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prizes or in any Giveaway-related materials. Released Entities 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 Giveaway. Released Entities are not responsible for injury or damage to entrants’ or to any other person's computer related to or resulting from participating in this Giveaway or downloading materials from or use of the Website. Persons who tamper with or abuse any aspect of the Giveaway 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 Giveaway 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 Giveaway 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. Winner, by acceptance of s prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, 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 Internet Service Provider (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 GIVEAWAY 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 Giveaway, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Giveaway, 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. Under no circumstances will entrant be permitted to obtain awards for, and 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 Giveaway), and entrant further waives all rights to have damages multiplied or increased.
12. WINNERS LIST: For the list of the winners, available after December 31st, 2014, send a self-addressed, stamped envelope to: VaynerMedia, LLC, c/o Makeup.com “Holiday Survival Kit” Giveaway Winners, 15000 Ventura Blvd Suite 201, Sherman Oaks, California 91403.
13.SPONSOR/ADMINISTRATOR: The Sponsor of the Giveaway is Makeup.com, 575 Fifth Avenue, New York, NY 10017. The Administrator of the Giveaway is VaynerMedia, LLC, c/o Makeup.com, 15000 Ventura Blvd Suite 201, Sherman Oaks, California 91403.