Tarte's #tarte2go Contest
THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE PROMOTION PERIOD DETERMINES THE ODDS OF WINNING A PRIZE.
SPONSOR: Tarte, Inc., 1375 Broadway, Suite 800, New York, NY 10018 ("Tarte" or "Sponsor").
TO ENTER: Tarte's #tarte2go Contest (the "Contest") opens at 12:00 a.m. EDT on May 29, 2014 and closes at 11:59:59 p.m. EDT on August 31, 2014 (the "Contest Period"), and consists of three (3) entry periods (each an "Entry Period") as set forth below:
Non-winning entries from one (1) Entry Period will carry over into subsequent Entry Periods.
To enter the Contest take the following actions during the Contest Period:
1. Snap photos of your favorite tarte products joining you on your summer adventures.
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) who have reached the age of majority in the jurisdiction in which they reside as of the date of entry. The Contest is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. Employees of Sponsor 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.
CONDITIONS OF ENTRY: Valid entries must be submitted during the Contest Period via Instagram 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 Contest.
Entries will be deemed to have been submitted by the Authorized Account Holder of the Instagram account used for the entry. "Authorized Account Holder" is defined as the natural person who is assigned to the Instagram account by Instagram. 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 Instagram account associated with the selected entry. The sole determinant of time for the purposes of receipt of a valid online entry in the Contest will be the server(s) of Sponsor.
Sponsor, its, affiliates and subsidiaries, and each of their respective 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.
NEITHER THE SPONSOR PARTIES NOR INSTAGRAM SHALL 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 SPONSOR PARTY OR INSTAGRAM 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).
By submitting a photo (the "Photo") to enter the Contest each entrant also agrees to the following terms regarding his or her Photo(s) and Submission (defined below):
If your Photo is selected by Sponsor, it may be displayed or appear on the Sponsor's websites, social media sites, promotions, or in other Sponsor materials, for other users to see together with your name and associated social media profile information (such as your handle and profile picture), and any text, caption, ideas or other content of any kind included in your social media post or submission (collectively, with the Photo, the "Submission"). Sponsor is under no obligation to feature or post any Submission on the Sites, but may do so at its sole discretion. By entering the Contest, you acknowledge and agree that those Submissions are non-proprietary and non-confidential, may be made available to the general public and may be used in the manner described in these Official Rules.
ENTERING THE CONTEST CONSTITUTES YOUR FULL AND UNCONDITIONAL AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE WITH ALL THESE TERMS THEN DO NOT SUBMIT YOUR PHOTO.
By entering the Contest, you hereby irrevocably grant to Sponsor, its subsidiaries, affiliates and assigns (collectively, "Licensees") the absolute, non-exclusive, worldwide, royalty-free, perpetual right, license and permission to use and otherwise exploit your Submission, all images, text and materials depicted therein and associated therewith, and your name (including your username and/or handle), photograph, likeness, image (including your profile image), words, voice and/or personal data (collectively, the "Likeness") in whole or in part, on Sponsor's public website, Sponsor's social media sites, Sponsor's marketing communications, and all other media now known or hereinafter created throughout the world, including, without limitation, the right to use, publish, display, reproduce, exhibit, distribute, copy, edit, change, modify, add to, subtract from or create derivative works therefrom.
By entering the Contest, you hereby warrant that: (i) you are of the age of majority or older in the jurisdiction in which you reside; (ii) the Submission is owned by you and is your original creation; (iii) the Submission does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations; and (iv) you have obtained the rights from any and all third parties appearing in such Submission to use such third party's name, image, likeness and any other third-party owned elements included in your Submission.
You hereby agree that Licensees may use the Submission, or any derivative works created therefrom, alone or in conjunction with your Likeness and/or any information submitted in connection with the Photo, in connection with its trade and any advertising and promotional purposes in any media now existing or hereafter created in any territory throughout the world without any compensation to you or any additional consents or permissions from you or any third party and without prior notice, approval or inspection. Your further agree to indemnify and hold Licensees, and their respective officers, directors, and employees (collectively the "Releasees") harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorney's fees, liabilities, verdicts, judgments and settlements) arising out of use of your Submission or any breach of your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. By entering the Contest, you hereby release Sponsor and Releasees from, and irrevocably waive, any and all claims that Licensees' use of your Submission, in whole or in part, infringes or violates your rights in your Submission, any work or material contained in your Submission, or your Likeness.
By entering the Contest, you represent and warrant to the Licensees that it does not include any of the following: (i) the name, image or likeness of any identifiable celebrity or famous person; (ii) any trademark, logos, brand name or trade name (or variations or parodies of them) of any company or person other than Sponsor; (iii) any materials that are profane, obscene or contain nudity or defamatory material; or (iv) words, symbols or other material that may be offensive to persons based on race, national origin, ethnicity, religion, gender, sexual orientation, disability, or socioeconomic or demographic characteristic or may harm the Licensees' or another company's or person's reputation.
By entering the Contest, you understand and agree that nothing herein shall obligate the Licensees to display or otherwise use your Submission, or any component thereof, and that the Licensees may decline to post your Submission or choose to delete your Submission, or any component thereof, at any time for any reason whatsoever. Sponsor reserves the right to cancel, suspend and/or modify its Sites, social media pages and the terms governing its use of submitted photos at any time.
By entering the Contest, you agree and acknowledge that the laws of the United States govern these Official Rules.
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 June 30, 2014, July 31, 2014, and August 31, 2014, Sponsor will randomly select winners from all Eligible Entries submitted during the relevant Entry Period. 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 via Instagram, 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 Sponsor 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 Contest 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 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 Contest 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. 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 found to be ineligible, Sponsor will randomly draw an alternate potential 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 websites and/or communications from Sponsor.
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 Sponsor' sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor may, at its discretion, cancel, terminate, suspend and/or amend the Contest and the Official Rules at any time. The terms of the Contest, 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 Contest 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 Contest 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, Sponsor and prize donors to use the winner's name, likeness and statements for advertising, trade and promotional purposes in reference to the Contest without additional compensation, consideration or consent and without further notice to the winner.
PRIZES: All amounts are in U.S. Dollars. The odds of winning a prize depend on the number of Eligible Entries received during the Contest Period. 1 (one) grand prize will be awarded to 1 (one) winner for each Entry Period. Each grand prize will consist of a $100 gift card to tarte.com, with a retail value of $100.
Sponsor reserve the right to substitute the prize with a similar prize of equal or greater value or with the equivalent cash value. The prizes will be issued to the winners when Sponsor have 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, 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 Contest and/or accepting the prize, entrant and/or winner agrees to, and hereby does, release the Sponsor Parties and Instagram 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 Contest 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 Contest, entrants also agree to fully indemnify the Sponsor Parties and Instagram 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 Contest 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 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 Sponsor 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; 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 Contest, 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 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.
For the name of the winner or a copy of these Official Rules, send a self-addressed stamped envelope for receipt by September 15, 2014 to Tarte's #tarte2go Contest, Tarte, Inc., 1375 Broadway, Suite 800, New York, NY 10018.