TOO FACED COSMETICS, INC.
SEXY, SUN-SAFE SUMMER OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
THIS PROMOTION IS NOT SPONSORED BY PINTEREST.
- PROGRAM DESCRIPTION: The Sexy Sun-Safe Summer Contest (the "Contest"), sponsored by Too Faced Cosmetics, LLC ("Sponsor") provides cosmetics users who follow Too Faced on Pinterest (www.pinterest.com/toofaced) and create a board on Pinterest of everything needed for a sexy, sun-safe summer (including at least two products from Too Faced) the opportunity to win a prize, subject to the terms of these Official Rules.
- ELIGIBILITY: The Contest is open to any individual who is: (a) 18 years of age or older at the date of entry; and (b) a legal resident of (and residing at the time of entry in) one of the 50 United States or the District of Columbia. Employees, officers, directors and agents of Sponsor and their respective parent and related companies, and other companies associated with the promotion and operation of the Contest, (collectively, the "Contest Parties") as well as the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible to enter or win. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited by law. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, THE SPONSOR MAY, IN ITS SOLE DISCRETION, NOT AWARD PRIZES TO YOU.
- AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes Entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Contest Parties, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any entrant may be disqualified at Sponsor's sole discretion if he/she fails to comply with any of the terms of these Official Rules.
- HOW TO ENTER: Beginning on June 7, 2012 through June 17, 2012 ("Promotion Period"):
- a) Go to pinterest.com/toofaced and follow us. You must be a member of Pinterest to do so. To become a member of Pinterest, you may go to pinterest.com to request membership or email a request to firstname.lastname@example.org and an invitation from Too Faced will be sent to the email address provided by you. Membership to Pinterest is free. Only one (1) email request per person permitted. Pinterest membership is not guaranteed by Too Faced. Please allow up to three business days for a response to any Pinterest membership requests directed to Too Faced.
- b) Pin the Too Faced Sexy Sun-Safe Summer Contest landing page to your board;
- c) Create a new board on Pinterest called "Sexy Sun-Safe Summer" in the "Hair & Beauty" Category;
- d) Pin images of items you'll need for a "sexy-sun safe summer," including images of at least two Too Faced® products from the TooFaced.com website;
- e) Tag #TooFacedSummer in each pin description;
- f) Once your board is finished, complete the Entry Form
- ENTRANT'S REPRESENTATIONS: By participating, each Entrant represents and warrants to Sponsor that all images on Entrant's "Sexy, Sun-Safe Summer" board, other than images pinned from TooFaced.com, are owned by Entrant or Entrant otherwise has the right or license to such images. Entries that do not include all required information and do not adhere to the foregoing and following requirements, at the sole discretion of the Sponsor, may not be considered in this Contest. Entries that are deemed by Sponsor in its sole discretion to be offensive, obscene, profane or not in keeping with Sponsor's image will be disqualified. Sponsor's determination as to whether any Entry potentially violates the rights of any third party is final.
- SPONSOR'S RIGHTS TO ENTRIES: Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned. By submitting an Entry, you grant the Sponsor and their affiliated companies the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Entry (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. By submitting an Entry, you forever waive any rights of copyrights, trademark rights, patent rights, privacy rights, and any other legal or moral rights in the Entry that may preclude the Contest Parties' use of the Entry, or require your permission for the Contest Parties to use the Entry. By submitting an Entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against any Contest Party, or any other person, on the grounds that any use of the Entry, or any derivative works, infringe any of your rights, including, without limitation, copyrights, or moral rights. You further acknowledge that the Sponsor is in no way obligated to broadcast, publish or use your Entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
- PRIZES; PRIZE SELECTION PROCESS: There are ten (10) Grand Prizes which consist of TooFaced.com eGift Cards in the amount of $100.00 each. The approximate retail value ("ARV") of each Grand Prize is $100.00. The ten (10) winners will be selected at random from all eligible entries following the close of the Promotion Period. All eligible entries carry an equal chance of winning. The prize winners will be notified by email first and may also be announced on Facebook and Twitter, and may be required, at Sponsor's sole discretion, to complete, sign and return an Affidavit of Eligibility, Liability Release, Copyright Assignment, and, where lawful, a Publicity Release which will include, among other things, (a) representations regarding Entrant's eligibility to participate in the Contest and the Entry's compliance with the requirements of these Official Rules, (b) a release of the Released Parties (as defined below) from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest and for any claim based on publicity rights, defamation, invasion or privacy, copyright infringement, trademark infringement or any other personal or property rights of any party or any other intellectual property related cause of action and, or the use/misuse or acceptance of any Prize to be eligible for the Prize, and (c) permission of the Contest Parties to use your name, likeness, image and other attributes for promotional purposes as described in Section 13, to the extent permitted by law. All completed documents must be returned to Sponsor by the date specified by Sponsor, if any.
- ADDITIONAL REQUIREMENTS: Sponsor reserves the right to require Entrants to submit to a confidential background check to confirm eligibility as a condition of participation, to help ensure that the use of any such person or their Entry in advertising or publicity will not bring the Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest, as determined by Sponsor in its sole discretion. Any entrant may be disqualified at Sponsor's sole discretion if: (a) any required documents are not completed and returned within the required time period; (b) his/her background check is deemed unsatisfactory in Sponsor's sole discretion; or (c) he/she fails to comply with any of the terms of these Official Rules. If a dispute arises about the identity of the Entrant, entries will be declared made by the authorized account holder of the email address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address.
- ADDITIONAL PRIZE DETAILS: Any prize details not specified above will be determined by the Sponsor in its sole discretion. Prizes are not transferable or refundable and must be accepted as awarded. No other substitutions may be made, except by Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. Winners are solely responsible for all applicable federal, state, and local taxes and for any expenses, costs or fees associated with acceptance and/or use of prizes not specified herein as being included. Selection as a winner neither obligates Sponsor nor guarantees that Sponsor will display, utilize, post online, or in any other manner use said winning Entry, in whole or in part, or any excerpt or portion thereof, as submitted or as modified or edited by Sponsor. Further, Sponsor reserves the right not to award any prizes, or to award fewer than the stated number of Grand Prizes, if in their sole and absolute discretion they do not receive a sufficient number of eligible or qualified Entries for the Contest. Limit one (1) prize per Entry and per household/address.
- GENERAL CONDITIONS: In the event that any entrant is age 18 or older (as is required for entry) but has not yet reached the age of majority in his/her state of residence, such entrant's parent or legal guardian agrees to all conditions of these Official Rules on behalf of such entrant, and further agrees to co-sign any required documents if such entrant is chosen as a potential winner. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; (b) award prizes from among the eligible Entries received up to the time of the impairment; or (c) to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree to release and hold harmless Pinterest, the Contest Parties, their parent and related companies, other companies associated with the promotion and operation of the Contest, and the respective officers, directors, employees, and agents of each (the "Released Parties") from and against any claim or cause of action arising out of participation in the Contest or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Contest; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of Entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Contest or receipt of any prize. Entrants further agree that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney's fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Without limiting the foregoing, the Contest, all prizes, and all materials provided on or through any Contest website are provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- INDEMNITY: You agree to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of your Entry, or your conduct in creating a Entry or otherwise in connection with this Contest, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual's right of publicity or right of privacy; or defamation.
- PUBLICITY: By submitting an Entry, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, Entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or Entry.
- DISPUTES: Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest 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 California. 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- RULES REQUESTS: To receive a copy of these Official Rules, send a self-addressed, stamped envelope to: Too Faced Sexy Sun-Safe Summer c/o Too Faced Cosmetics, 17361 Armstrong Avenue, Irvine CA 92614. VT and WA residents may omit return postage. Requests must be received by June 23, 2012.
- CONTEST RESULTS: For a list of winners, send a self-addressed stamped envelope to: Too Faced Sexy Sun-Safe Summer c/o Too Faced Cosmetics, 17361 Armstrong Avenue, Irvine CA 92614. VT and WA residents may omit return postage. Requests must be received by June 23, 2012.