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THE TARTEIST PRO GIVEAWAY OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON NUMBER OF ENTRIES. VOID WHERE PROHIBITED. SWEEPSTAKES ENTRY PERIOD: The “tarteist PRO Giveaway (the “Sweepstakes”) begins at 12:00 PM Eastern Time (“ET”) on Thursday, November 17, 2016 and ends at 11:59 PM Pacific Time (“PT”) on Wednesday, November 30, 2016 (the “Sweepstakes Period”). ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States, and the District of Columbia, age 18 or older at the time of entry. Void outside the U.S., and wherever else prohibited by law. Employees of Tarte, Inc. (the "Sponsor"), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”) and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations. HOW TO ENTER: There is one (1) way to enter. To receive one (1) Sweepstakes entry (the “Entry”): • Visit www.youtube.com/tartecosmetics and subscribe to the tarte cosmetics YouTube channel by clicking on the “Subscribe” button. • Watch the “tarte cosmetics sweepstakes: tarteist PRO” video (the “Video”), to be posted at 12:00 PM ET on November 16, 2016, in its entirety. • Post a public comment to the Video and state which tarte product you are most excited to win and include the hashtag #Giveaway (the “Comment”). Entries must be received between Thursday, November 17, 2016 at 12:00 PM ET and Wednesday, November 30, 2016 at 11:59:59 PM PT. Entrant’s Comment must be public to be eligible. By submitting an Entry, Entrant agrees to YouTube’s Terms of Service, which can be found at https://www.youtube.com/t/terms, YouTube’s Privacy Policy, which can be found at https://www.google.com/intl/en/policies/privacy/, and YouTube’s Community Guidelines, which can be found at https://www.youtube.com/yt/policyandsafety/communityguidelines.html. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with YouTube, LLC. IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN SWEEPSTAKES. YOUTUBE IS FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE. Comments not received by the Sponsor will not be entered into the Sweepstakes. Multiple participants are not permitted to share the same YouTube account or Comment. Incomplete Entries will not be accepted and are void. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted. Limit: One (1) Entry per person regardless of whether Entrant has more than one YouTube account. All entries become the property of the Sponsor and will not be acknowledged or returned. All Entries must comply with the following minimum guidelines to be eligible: • Comment must state which tarte product you are most excited to win and include the hashtag #Giveaway. • Entrants are required to subscribe to Tarte Cosmetic’s YouTube channel. • Comment cannot contain content that is irrelevant to the purpose of the Sweepstakes. • Comment cannot be profane, pornographic, sexually explicit or suggestive or contain nudity. • Comment cannot be violent or promote firearms/weapons. • Comment cannot promote alcohol, illegal drugs or tobacco. • Comment cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies. • Comment cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner. • Comment cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group. • Comment cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission. • Comment cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor and YouTube, LLC wish to associate. • Comment cannot promote illegal activity and cannot itself be in violation of any law. • Comment cannot in any way reference persons or organizations without written permission from the person or organization whose name or likeness is used. • Comment may not reference a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person. By submitting an Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive, fully sub-licensable worldwide license to reproduce, create derivative works from, distribute, display, transmit, perform, make available, and otherwise use his/her Comment in advertising and/or promotional activities worldwide without compensation, permission, attribution or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Entry, which includes a Comment. ENTRIES POSTED TO YOUTUBE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS: There is one (1) Grand Prize available to be won. One (1) Grand Prize winner will receive a prize package consisting of: • One (1) MacBook Pro; • One (1) iPad Pro; • One (1) GoPro Hero 5 Black; • Tarteist PRO Collection, including tarteist PRO palette, tartiest PRO glow palette, 3 pairs of tarteist cruelty free lashes and lash tools, 11 metallic shadows and magnetic palette; and • Tarteist Collection, including 20 shades of quick dry lip paint and 9 glossy lip paint, tarteist mascara and double take liner and tarteist clay paint liner. The ARV of Grand Prize is: $2,500. The total ARV of all prizes available to be won: $2,500. Odds of winning will depend upon the total number of eligible entries received. RANDOM DRAWING: The potential Grand Prize winner will be selected in a random drawing on or about Friday, December 2, 2016, from among all eligible Entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent agent of the Sponsor whose decisions are final. The potential Grand Prize winner will be notified by the Sponsor via reply comment to his/her Comment on or around Friday, December 2, 2016 (the “Initial Notification”). To begin the prize claim process, the potential Grand Prize winner must respond as instructed to the Initial Notification with his/her full name and email address within 48 hours of the Initial Notification. Within three (3) days of confirmation of the information received from the potential Grand Prize winner in response to the Initial Notification, such potential Grand Prize winner will receive a second notification via email from the Sweepstakes Administrator and will be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases"). These Releases will require the Grand Prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected. The prize package will be awarded within approximately 45 days after the Grand Prize winner is verified. If a potential Grand Prize winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of Grand Prize winner's parent or legal guardian who will be required to execute and return the Releases on minor’s behalf. PRIZE CONDITIONS: If a prize notification or prize is returned as undeliverable, or if a winner is found to be ineligible or not in compliance with these rules that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing. Only two (2) alternate winners may be determined through this process, after which the prize will remain un-awarded. Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if a prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prize and no exchange or substitution of prize, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility. Winner is responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winner will be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law. Except where prohibited by law, entry and acceptance of a prize constitute permission to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner acknowledges that the Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any). GENERAL: Although subsequent attempts to enter may be received, only the first complete Entry received from a particular Entrant will be eligible; subsequent attempts by the same person to enter, including Entries submitted with an alternate YouTube account, will be disqualified. Participating Entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, YouTube, LLC and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. In the event of a dispute over the identity of an Entrant, entry will be deemed submitted by the "Authorized Account Holder" of the YouTube account from which the Entry is submitted at time of Entry. Authorized Account Holder means the natural person whom the YouTube account is registered. Sponsor may ask any Entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the YouTube account associated with the Entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to Entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw a method of Entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. DISPUTES: Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. PRIVACY: Personal information collected from Entrants are subject to the Sponsor’s Privacy Policy, which can be found at http://tartecosmetics.com/privacy-policy.php. OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see https://tartecosmetics.com/page/terms-pro-sweeps or send a self-addressed, stamped envelope by 12/2/16, to: The tarteist PRO Giveaway Official Rules Request, PO Box 25466, Rochester, NY 14625-0466. WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after 12/2/16), send a stamped, self-addressed envelope (no later than 1/2/17), to: The tarteist PRO Giveaway Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466. SPONSOR: Tarte, Inc., 1375 Broadway, Suite 800, New York, NY 10018. Void outside the U.S. and wherever else prohibited by law.
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