NO PURCHASE OR
PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT AFFECT OR IMPROVE YOUR CHANCES OF WINNING.
THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE PROMOTION PERIOD DETERMINES THE ODDS OF WINNING A PRIZE.
You must be 18 years of age or older to enter. Void where prohibited by law.
SPONSOR: Tarte, Inc., 53 West 36th Street, Suite 902, New York, NY 10018 (“Tarte”).
TO ENTER: tarte & Holly Ann-AeRee’s hope for a cure 2012 SWEEPSTAKES (the “Sweepstakes”) opens at 3:00:00 p.m.. EST on October 3, 2012 and closes at 11:59:59 p.m. EST on October 17, 2012 (the “Sweepstakes Period”). To enter the Sweepstakes, go to www.tartecosmetics.com (the "Website") at any time during the Sweepstakes Period. Complete the entry form by providing all of the information requested and then submit your entry.
ELIGIBILITY: The Sweepstakes 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 Sweepstakes 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 Sweepstakes.
CONDITIONS OF ENTRY: Valid entries must be submitted during the Sweepstakes Period via the Website 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 Sweepstakes, 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 or 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 SWEEPSTAKES, (II) THE AWARDING, RECEIPT, OR USE OR MISUSE OF THE PRIZE, (III) PARTICIPATION IN THE SWEEPSTAKES 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 SWEEPSTAKES 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”). Between October 18, 2012 and November 17, 2012, Tarte will randomly draw winners from all Eligible Entries. The winners are not determined until the random drawing. All decisions of Tarte regarding the selection of the winners are final and binding. Winners 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. Winners 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 a winner has not complied with these Official Rules or is otherwise found to be ineligible, such potential winner will be disqualified and Tarte may randomly draw an alternate winner from the pool of Eligible Entries. The names, city, and state of the winners may appear on www.tartecosmetics.com, www.facebook.com/tartecosmetics, www.twitter.com/tartecosmetics, and other marketing materials and communications from Tarte.
If for any reason the Sweepstakes 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 Sweepstakes, Tarte reserves the right to modify, suspend or cancel the Sweepstakes in its sole discretion and determination of fairness. Tarte may disqualify any entrant who tampers with the entry process or operation of the Sweepstakes or who otherwise violates these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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.
PRIZES: All amounts are in U.S. Dollars. The number of Eligible Entries received during the Sweepstakes period determines the odds of winning a prize. 10 prizes shall be awarded to 10 winners. The prizes are as follows with a total approximate retail value of $121 each.
Ten (10) Prizes: Each winner will receive one hope for a cure pink package: 1 Amazonian clay 12-hour blush in dollface, $25; 1 LipSurgence™ matte lip tint in hope, $24; 1 gifted™ Amazonian clay smart mascara, $19; 1 maracuja blush & glow brightening luminizer and cheek tint in moonlight, $32; 1 maracuja divine shine lipgloss in dollface, $21.
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 Sweepstakes and/or accepting the prize, entrant and/or winner agrees to, and hereby does, release and hold harmless the Tarte Parties 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 Sweepstakes, including the participation or attempt to participate in the Sweepstakes 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 SWEEPSTAKES.
AGREEMENT TO OFFICIAL RULES AND DISPUTES: By entering into and participating in this Sweepstakes, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Tarte regarding the Sweepstakes, and warrants that he or she meets the eligibility requirements set forth in these Official Rules.
By entering into and participating in this Sweepstakes, each entrant also agrees that: (i) any and all disputes, claims 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 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 Sweepstakes, 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 Sweepstakes, 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.
WINNER'S LIST/OFFICIAL RULES: For a list of winners or a copy of these Official Rules, send a self-addressed stamped envelope for receipt by November 30, 2012 to tarte & Holly Ann-AeRee’s hope for a cure 2012 Sweepstakes, Tarte, Inc., 53 West 36th Street, Suite 902, New York, NY 10018. These Official Rules will be posted on the Website.