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Summer Giveaway


OFFICIAL RULES

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., 1375 Broadway, Suite 800, New York, NY 10018 ("Tarte" or "Sponsor")

TO ENTER: Summer Giveaway (the "Sweepstakes") opens at 09:00:00 a.m. EST on June 26, 2014 and closes at 11:59:59 p.m. EST on July 7, 2014 (the "Sweepstakes Period"). To enter the Sweepstakes, go to www.tartecosmetics.com 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) and all residents of Canada (except Quebec) who have reached the age of majority in their Province or Territory of residence as of the date of entry. The Sweepstakes is void where prohibited or restricted by law and is subject to all applicable federal, provincial, state and local laws and regulations. Employees 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 Tarte's website, as described above. All entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of these Official Rules may be disqualified. 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. Entrants must comply with these Official Rules, and will be deemed to have received and understood these Official Rules by participating in the Sweepstakes.

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. All entries become the property of Sponsor and will not be acknowledged or returned. A selected entrant may be required to provide proof that he/she is the Authorized Account Holder of the e-mail address associated with the selected entry. All entries must be submitted from a valid e-mail account that may be identified by reverse domain name search. The sole determinant of time for the purposes of receipt of a valid online entry in the Sweepstakes will be the server(s) of Sponsor. Sponsor and its directors, officers, employees and agents, including, without limitation, any advertising agencies and any telephone network or service providers thereof (collectively, the "Sponsor Parties"), are not responsible for late, incomplete, invalid, misdirected or undelivered entries, including, without limitation, any incorrect or inaccurate transcription of entry information, human error, technical malfunction of any computer equipment or software, lost or delayed data transmission, interruption or line failure of any network, inability to access the Web site or online service, or any other error or malfunction.

THE SPONSOR 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 SPONSOR 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: Sponsor 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 July 8, 2014 Sponsor will randomly draw winners from all Eligible Entries. The potential winners are not determined until the random drawing. All decisions of Sponsor regarding the selection of the potential winners are final and binding. Potential winners will be given notice by email or telephone, using the information provided on such potential winner’s Eligible Entry. Sponsor 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 potential winner. Potential 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.

A potential winner's failure to respond as provided in the notice within the specified 10 business days will be deemed a forfeiture of the prize. Before being declared a winner, a potential winner must comply with these Official Rules, and the selected entrant will be required to sign and return to Tarte a declaration and release form, notably: confirming compliance with the Official Rules and acceptance of the prize as offered; acknowledging the non-responsibility of the Sponsor Parties with respect to liability, damage, injuries, accident, loss or misfortune relating to (i) participation in the Sweepstakes or any related activity, and (ii) acceptance, possession, use or misuse of the prize or any component thereof, to the extent permitted by law; and, except where prohibited by applicable law, acknowledging the right of Sponsor and its respective employees, directors, officers, representatives and agents to collect and publish or broadcast the winner's likeness, name, address, voice and statements made in relation to the Sweepstakes in any publicity, promotion or advertisement carried out by Sponsor or its authorized agents worldwide without further notice or compensation, other than the prize offered within ten (10) days of his/her being informed of his/her name being drawn. Furthermore, if the potential winner is a Canadian resident, the potential winner must correctly answer unaided a time-limited mathematical skill-testing question before being declared a winner. The Prize will be delivered to the confirmed winner. In the event of a forfeiture by a potential winner or in the event a potential winner is unable to answer the skill-testing question or otherwise is found to be ineligible, Sponsor will randomly draw an alternate potential winner from the pool of Eligible Entries.

The names, city, and state/province of the winners may appear on www.tartecosmetics.com, www.facebook.com/tartecosmetics, www.twitter.com/tartecosmetics, and other communications from Sponsor.

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 Sponsor's sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor may, at its discretion, cancel, terminate, suspend and/or amend the Sweepstakes and the Official Rules at any time. The terms of the Sweepstakes, as set out in the Official Rules, are not subject to amendment or counter-offer, except as set out herein. Sponsor's decisions with respect to the Sweepstakes are final and binding. If any provisions of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor may disqualify any entrant who tampers with the entry process or operation of the Sweepstakes or who does not comply with these Official Rules.

CONSENT: Except where prohibited by law, winner's acceptance of a prize will constitute permission for the Sponsor Parties and prize donors to use the winner's name, likeness and statements for advertising, trade and promotional purposes in reference to the Sweepstakes without additional compensation, consideration or consent and without further notice to the winner.

PRIVACY: By entering the Sweepstakes, entrants consent to the collection, use and disclosure of their personal information for the purposes of administering the Sweepstakes and for the purposes of and as outlined in the Tarte privacy policy which can be found at http://tartecosmetics.com/privacy-policy.php and these Official Rules. If you live in Canada, you understand and agree that your personal information will be stored, transferred to and processed in the United States. You consent to the Sponsor Parties sending you e-mail or regular mail regarding products, services, contests and promotions and using information you provide to us to personalize your shopping experience by using your product interests and purchase information to recommend other products, services or promotions, including those of other companies.

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. 1 (one) grand prize shall be awarded to 1 (one) winner with a total approximate retail value of $1,557:

  • 1 (one) hand sanitizer spray and 1 (one) SPF from The Honest Company $21, 1 (one) Jonathan Adler Hat $88, 1 (one) set of Vanessa Mooney bangles $225, 1 (one) pair of Rayban sunglasses $200, 1 (one) BKR waterbottle $30, 1 (one) Wildfox cover up $68, 1 (one) pair of Tieks $175, 1 (one) Lacoste beach towel $20, 1 (one) Vitamix $409, 2 (two) books from Kimberly Snyder $35, 1 (one) tarte summer tote, 1 (one) Amazonian clay collector’s shadow palette $36, 1 (one) gift code to tarte.com for $250

    Sponsor is not affiliated with or endorsed by any of the other companies whose products or services are included in the prize pack. Sponsor 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 Sponsor) 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, provincial, local or other applicable taxes, charges and incidental costs, shipping charges, and customs duties, if any, are the sole responsibility of the winner.

    RELEASE: By entering this Sweepstakes and/or accepting the prize, entrant and/or winner agrees to, and hereby does, release the Sponsor Parties from any liability whatsoever for any claims, costs, injuries, losses, liability or damages of any kind arising out of or in connection with (i) participation or attempt to participate in the Sweepstakes or any related activity, or (ii) the awarding, receipt, acceptance, possession, use or misuse of any prize or any component thereof, (including, without limitation, those related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light), to the extent permitted by law. By entering the Sweepstakes, entrants also agree to fully indemnify the Sponsor Parties and hold each of them harmless from any and all claims, costs, losses, liability or damages of any kind arising out of or in connection with (i) participation or attempt to participate in the Sweepstakes or any related activity, or (ii) the acceptance, possession, use or misuse of the any prize or any component thereof, by any third party.

    DISCLAIMER OF WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, THE SPONSOR 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 Sponsor 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; and (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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor 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.

    For a list of winners or a copy of these Official Rules, send a self-addressed stamped envelope for receipt by August 4, 2014 to Summer Giveaway, Tarte, Inc., 1375 Broadway, Suite 800, New York, NY 10018.

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