tarte's COLORS OF SUMMER CONTEST
INTRODUCTION TO THE CONTEST: tarte’s COLORS OF SUMMER CONTEST (the “Contest”) provided by Tarte, Inc. (“Tarte”) opens at 12:00:00 a.m. EST on July 19, 2012 and closes at 11:59:59 p.m. EST on August 10, 2012 (the “Contest Period”). For more information on Tarte, visit Tarte's website located at http://tartecosmetics.com (the "Website"). Use of Tarte's website, whether in connection with the Contest or otherwise, is governed by Tarte's Terms & Conditions located at http://tartecosmetics.com/terms-and-conditions.php. In the event of any conflict between these Official Rules and Tarte's Terms & Conditions, these Official Rules will control.
TO ENTER: To enter the Contest, complete each of the following steps during the Contest Period:
Step 1: Go to http://tartecosmetics.com/contest-pinterest#getPinspired on the Website at any time during the Contest Period and provide all of the requested information.
Step 2: If you are a member of Pinterest (located online at http://pinterest.com), please proceed directly to Step 3. Otherwise, to become a Pinterest member, access the Pinterest website and click on the “Request an Invite” Button. Pinterest will then send you an invitation to join Pinterest at the email address provided by you. Follow the instructions contained in the invitation to become a Pinterest member. Tarte does not guarantee that all persons who request invitations will be granted Pinterest membership.
Step 3: Create a board on Pinterest that expresses your colors of summer (hereinafter the “Board”), which will be publicly available.
Step 4: Pin at least: (1) one image of Tarte's Amazonian clay waterproof cream eye shadow and (2) 19 other images, for a total of at least 20 images, to your Board.
Step 5: Include "#COLORSOFSUMMER" in the description of each image of Tarte products pinned on your Board. Only one (1) Board entry per person permitted.
ELIGIBILITY: The Contest is open only to persons who are 18 years of age or older at the time of entry and a legal resident of, and currently living in, the United States (excluding Puerto Rico, Guam and all other U.S. territories and possessions). The Contest is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. Employees, officers and directors of Tarte and their immediate family members and those living in the same household of any of the foregoing are not eligible to participate in the Contest.
LIMITED LICENSE: Tarte hereby grants each entrant, for the purposes of participating in the Contest only, a one-time, limited, non-exclusive, revocable, non-sublicensable and non-transferable license to use one or more images of Tarte's products from the Website as part of the entrant's Board.
CONDITIONS OF ENTRY: Valid entries must be submitted during the Contest Period via the Website and Pinterest as described above. Incomplete or duplicate entries are void. Only one entry per person will be accepted. By entering, entrants acknowledge compliance with these Official Rules, including all eligibility requirements. All Eligible Entries (as defined below) will be included in the prize drawing.
Entries will be deemed to have been submitted by the Authorized Account Holder of the email address or telephone number identified on the entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address or telephone number by an internet access provider, online service provider, telephone company or other organization responsible for assigning email addresses for the domain associated with the submitted email address. All entries become the property of Tarte and will not be acknowledged or returned.
Tarte, its parent companies, affiliates and subsidiaries, and their respective directors, officers, employees and agents, including, without limitation, any advertising agencies and any computer or telephone network or service providers thereof (collectively, the “Tarte Parties”), are not responsible for late, incomplete, invalid, misdirected or undelivered entries, any incorrect or inaccurate transcription of entry information, human error, unauthorized human intervention in any part of the entry process or the Contest, technical malfunction of any computer equipment or software, lost or delayed data transmission, interruption or line failure of any network, inability to access the Website, the Pinterest website, online service, or any other error or malfunction.
THE TARTE PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER RESULTING FROM (I) YOUR ENTERING THE CONTEST, (II) THE AWARDING, RECEIPT, OR USE OR MISUSE OF THE PRIZE, (III) PARTICIPATION IN THE CONTEST OR ANY PRIZE-RELATED ACTIVITIES, OR (IV) ANY AND ALL OTHER DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF A TARTE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATING TO THE CONTEST EXCEED ONE UNITED STATES DOLLAR (US $1.00).
SELECTION OF WINNER: Tarte will determine in its sole discretion which entries are valid entries and whether the entries otherwise meet the eligibility requirements set forth in these Official Rules (“Eligible Entries”). On or around August 11, 2012 through August 31, 2012, a panel of judges appointed by Tarte (which may include both Tarte employees and non-Tarte employees, in Tarte's sole discretion) will determine a winner based on the merit of his or her Board. All decisions of Tarte regarding the selection of the winner are final and binding. The winner will be given notice by email or telephone, using the information provided on such winner’s Eligible Entry. Tarte is not responsible for unsuccessful efforts to notify a winner, including, without limitation, by reason of any inaccurate information or transmission failure that results in the failure to identify or contact a winner. A winner provided notice will be given 10 business days from the day notice is sent to claim the prize by responding as provided in the notice, which includes executing an acknowledgment, release of liability, and declaration of eligibility, where applicable and where permitted by law. A winner’s failure to respond as provided in the notice within the specified 10 business days will be deemed a forfeiture of the prize. In the event of such a forfeiture, or in the event the winner has not complied with these Official Rules or is otherwise found to be ineligible, such potential winner will be disqualified and Tarte may select an alternate winner from the pool of Eligible Entries. The names, city, and state, and Board (or components thereof) of the winner may appear on www.tartecosmetics.com, www.facebook.com/tartecosmetics, www.twitter.com/tartecosmetics, http://pinterest.com/tartelettes/, and other marketing materials and communications from Tarte.
If for any reason the Contest is not capable of running as planned because of circumstances, including, but not limited to, unauthorized intervention, fraud, technical failures, or any other causes, which, in Tarte’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, Tarte reserves the right to modify, suspend or cancel the Contest in its sole discretion and determination of fairness. Tarte may disqualify any entrant who tampers with the entry process or operation of the Contest or who otherwise violates these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Tarte reserves the right to seek damages from any such person to the fullest extent permitted by law. Tarte's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
1 Grand Prize will be awarded, with a total approximate retail value of $1531.88. The Grand Prize winner will receive:
· Mini KIND bar box: MSRP $14.99
· Vix Sarong: MSRP $74.00
· Vix iPanema flipflops: MSRP $38.00
· Vix bathing suit top: MSRP $88.00
· Vix bathing suit bottom: MSRP $88.00
· 7 for all mankind sunglasses: MSRP $140.00
· Julep nail polish: MSRP $14.00/each (6 in total), $84 total
· Nana Falbella friendship bracelet: MSRP $70.00
· Straw fedora from Hat Attack: MSRP $96.00
· Alterna ocean waves spray: MSRP $20.00
· Bobble water bottle: MSRP $12.99
· Rebecca Minkoff cherish tote in denim tribal print: MSRP $295
· Sarah Potempa Beachwaver: MSRP $199
· Honest Company wipes: MSRP $4.95
· Honest Company hand sanitizer: MSRP $5.95
· MyChelle daily defense cream MSRP $23.00
· tarte cosmetics Amazonian clay waterproof cream eyeshadow (5 total) (slate, seashell pink, plum smoke, shimmering moss, shimmering bronze): MSRP $19.00/each, $95.00 total
· tarte cosmetics clean slate poreless™ 12-hr perfecting primer: MSRP $30.00
· tarte cosmetics clean slate flawless™ 12-hr brightening primer: MSRP $30.00
· tarte cosmetics clean slate 360 creaseless™ 12-hr smoothing primer: MSRP $20
· tarte cosmetics LipSurgence lip tint in spirited: MSRP $24.00
· tarte cosmetics amazon bronze Amazonian clay and annatto body bronzer: MSRP $37.00
· tarte cosmetics gifts from the lipstick tree achiote color collection: MSRP $42.00
Grand Prize Total: $1,531.88
10 Runner Up Winners will receive a LipSurgence™ lip tint in the shade spirited with a total approximate retail value of $24.00 each ($240 total).
Tarte reserves the right to substitute the prize with a similar prize of equal or greater value or with the equivalent cash value. The prize will be issued to the winner when Tarte has determined that the winner has submitted an Eligible Entry, otherwise complied with the Official Rules, responded to the notice timely and in the manner provided therein, and the winner’s address (and other information deemed necessary by Tarte) has been confirmed. The prize is not transferable or assignable, nor is the prize redeemable for cash. All costs and fees, including, without limitation, federal, state, local or other applicable taxes, charges and incidental costs, if any, are the sole responsibility of the winner.
RELEASE AND DISCLAIMER OF WARRANTIES: By entering this Contest and/or accepting the prize, entrant and/or winner agrees to, and hereby does, release and hold harmless the Tarte Parties and from any and all liability, loss or damage arising from or in connection with any cause of action or actions of any kind related to the Contest, including the participation or attempt to participate in the Contest and/or the awarding, receipt, use or misuse of the prize or participation in any prize-related activities, and from claims based on publicity rights, defamation or invasion of privacy.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TARTE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT, CONCERNING ANY PRIZE FURNISHED OR AWARDED IN CONNECTION WITH THE CONTEST.
AGREEMENT TO OFFICIAL RULES AND DISPUTES: By entering into and participating in this Contest, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Tarte regarding the Contest, and warrants that he or she meets the eligibility requirements set forth in these Official Rules.
By entering into and participating in this Contest, each entrant also agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court in New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, special, incidental or consequential damages or any other damages, other than for actual out-of-pocket costs incurred, and 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 the entrant and Tarte in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of New York.