NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS EXIST BUT HAVE NOT BEEN MET. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING.
WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE AND INDEMNITIES TO THE SPONSOR FROM YOU, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
THE MYSTERY GRAND PRIZE IS A SAMPLE MASCARA PRODUCT MANUFACTURED AND PROVIDED BY A COSMETIC COMPANY AND NOT BY POPSUGAR. POPSUGAR MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER WITH REGARD TO THE SAMPLE PRODUCT OFFERED OR PROVIDED AS A GRAND PRIZE AND YOU ACKNOWELDGE THAT ANY RELIANCE ON REPRESETNATIONS AND WARRANTIES PROVIDED BY SUCH COSMETIC MANUFACTURER SHALL BE AT YOUR OWN RISK. POPSUGAR DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY, WHETHER TO YOU OR THIRD PARTIES, RESULTING FROM YOUR USE OF THE SAMPLE PRODUCT.
The "Mystery Mascara Sample" (the "Sweepstakes") is sponsored by POPSUGAR Inc., having a corporate address of 111 Sutter Street, 14th Floor, San Francisco, CA 94104, (the "Sponsor" or "Popsugar"). Entrant's ("your," "you," or "entrant") registration and participation in the Sweepstakes shall be governed by the terms and conditions contained herein (the "Official Rules").
ELIGIBILITY: The Sweepstakes is open only to Instagram users with at least 100 followers as of end of the Entry Period (defined below), who are permanent, legal residents physically residing in one of the fifty (50) United States of America and the District of Columbia, and excluding all U.S. territories and possessions and all overseas military installations. All entrants must be at least eighteen (18) years of age as of the date of entry, and the age of majority in their respective state as of the date of entry. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Sweepstakes, and their immediate family members (defined as spouses; biological, adoptive or step-parents; legal guardians; children; siblings; or grandparents; their respective spouses and any dependent under federal income tax law) or household members are not eligible to participate in or win the Sweepstakes. Winners may be required to sign and complete relevant tax forms as a condition to the delivery of the applicable prize. Void where prohibited by law. All applicable federal, state, and local laws apply.
By entering or accepting a prize in this Sweepstakes, you agree to be bound by these Official Rules and to conform to all federal, state, and local laws and regulations. Winner may be required to furnish proof of identity, address, birth date, and number of Instagram followers in order to receive a prize. Any person attempting to defraud or in any way tamper with this Sweepstakes will be ineligible for prizes and may be prosecuted to the full extent of the law.
Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in their sole discretion, to modify, cancel, or suspend this Sweepstakes should viruses, bugs, or other causes beyond Sponsor's control corrupt the administration, security, or proper play of the Sweepstakes, or for any reason that Sponsor believe in good faith would be fair to the entrants and the conduct of the Sweepstakes. In the event of cancellation or suspension, Sponsor shall promptly post a notice on the Sweepstakes entry page to such effect.
ENTRY: No purchase is necessary to participate in the Sweepstakes. A purchase will not increase your chances of winning. Odds of winning will depend on the total number of entries received.
To enter, you must navigate to http://www.popsugar.com/beauty/36278131 or http://www.popsugar.com/beauty/36278469 (for POPSUGAR Select bloggers) and submit the following:
● Your first and last name;
● Your email address;
● Your mailing address; and
● Your Instagram handle.
All of the steps mentioned above need to be completed between 03:00 AM PST on Tuesday, January 6, 2015, and 11:59 PM PST on Thursday, January 15, 2015 (the "Entry Period").
ALTERNATIVE METHOD OF ENTRY ("AMOE"): You may also enter the Sweepstakes by mail as follows: on a plain, 3" x 5" index card, legibly handprint or type your Instagram account handle, first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address and mail your completed 3" x 5" card to: "Mystery Mascara Sample" POPSUGAR Inc., 111 Sutter Street, 14th Floor, San Francisco, CA 94104. To be considered eligible in the Sweepstakes, AMOE entries must be postmarked no later than Thursday, January 15, 2015, and received no later than Friday, January 16, 2015.
Only one (1) entry per person, per household, per Instagram handle, and per email address is permitted. All entries become property of Sponsor.
By participating in the Sweepstakes, entrant warrants and represents that his/her entry is original to the entrant, is truthful, accurate and complete; that he/she has read, complied with, and will continue to comply with all the rules, regulations terms and conditions set forth in these Official Rules; and does not contain any material that would violate or infringe upon the rights of any third party, including copyrights (including, without limitation, copyrighted images or footage), trademarks, and rights of privacy or publicity. Entrant also warrants and represents that his/her entry has not perpetrated and will not perpetrate any fraud or deception in connection with the Sweepstakes; and that entrant has not sought to influence the outcome of the Sweepstakes other than by participating in the Sweepstakes as expressly permitted in the Official Rules.
By submitting an entry in the Sweepstakes, entrant acknowledges and agrees that Sponsor will own all entries submitted in the Sweepstakes. Each entrant hereby irrevocably grants, transfers, sells, assigns, and conveys to Sponsor and its successors and assigns, all present and future right, title, and interest of every kind and nature whatsoever in and to the entry for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or later devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the entry for any purpose which Sponsor deems necessary or desirable. Each entrant hereby acknowledges he/she does not reserve any rights in and to his/her entry.
Notwithstanding anything to the contrary in the foregoing, information collected from entrant will only be used for direct marketing purposes if entrant consents to use in such manner. Sponsor expressly reserves the right to disqualify any entry that it believes in good faith is generated by an automated program or via scripts or otherwise in violation of any law or of these Official Rules. By participating, all entrants agree to abide by these Official Rules.
PRIZE: At the end of the Entry Period, six hundred fifty (650) Grand Prize winner(s) will receive the Grand Prize described below. The selections will take place after the Entry Period has ended.
The Grand Prize is a sample mascara product manufactured by a U.S. based cosmetic company which sells products globally, including at at Sephora stores. The name and brand of this mascara will be revealed at www.popsugar.com on or around February 2, 2015 and will be available at Sephora stores in February. The total retail value of The Grand Prize is $24, and all prizes will be awarded unless there are less than 650 entrants.
If a Grand Prize winner forfeits or does not claim the prize within two (2) business days of notification, prize may be re-awarded, in Sponsor's sole discretion. Other restrictions may apply. Decisions of Sponsor are final and binding with respect to all matters related to the Sweepstakes. In no event shall the Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. No substitutions (including for cash) are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any prize.
Winners shall be responsible and liable for all federal, state, and local taxes on the value of their prize. If required by Sponsor, the winner must complete and return to Sponsor an IRS Form W-9 that reflects winner's Taxpayer Identification Number or Social Security Number. The winner will receive from Sponsor an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will also be filed with the Internal Revenue Service.
To receive a complete list of winners or a copy of the Official Rules: send a self-addressed, stamped envelope to Prize Fulfillment, POPSUGAR Inc., 111 Sutter Street, 14th Floor, San Francisco, CA 94104. Specify winner's list or rules in your request.
SELECTION: At the end of the Entry Period, the first six hundred fifty (650) entrants to meet the eligibility requirements, including but not limited to having the minimum number of Instagram followers, will be selected by POPSUGAR employees to receive the Grand Prize. The Sweepstakes will be conducted under the supervision of Sponsor. The number of eligible entries received determines the odds of winning. In the event of a dispute regarding the identity of the person submitting the entry, the entry will be deemed to have been submitted by the person in whose name the entrant's email address and Instagram account is registered. Winner will be notified after the end of the Entry Period by mail by receiving the Grand Prize at the address provided during entry. Sponsor reserves the right to determine and to alter the method of notification. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Sponsor will ship prizes directly to the postal mailing address provided by winners during their entry to the Sweepstakes.
A winner's failure to provide Sponsor with any necessary completed forms and releases as required within the time period or the return of any Grand Prize(s) will be considered such winner's forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries in Sponsor's sole discretion. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries.
GENERAL CONDITIONS AND RELEASES: An entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with any provision of these Official Rules, as determined in the sole discretion of Sponsor. Participation in the Sweepstakes is at entrant's own risk. By receipt of any prize, the applicable winner agrees to release, indemnify, and hold harmless Sponsor, the cosmetics company, Instagram, and their respective partners, subsidiaries, affiliated entities, employees, directors, officers, agents, or representatives (collectively, "Releasees") from any liability for any and all injuries, losses or damages of any kind to person(s), including death, personal injury or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstakes or any Sweepstakes-related activities, and for any claim based on publicity rights, defamation, invasion of privacy, intellectual property-related cause of action ("Claims").
Releasees shall not be liable for 1) failed, returned, or misdirected notifications based on inaccurate information provided by the winner on the Sweepstakes entry form; 2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged, or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; 3) any electronic miscommunications or failures; technical hardware or software failures of any kind; lost or unavailable network connections; or failed incomplete, garbled, or delayed computer transmissions which may limit an entrant's ability to participate in the Sweepstakes; 4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions, or other failures; delayed computer transactions or network connections that are human, mechanical, or technical in nature; or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from downloading any part of this Sweepstakes; or 5) any warranty of fitness or merchantability of any prize or the function or operation thereof.
Releasees do not make any, and hereby disclaim any and all, representations or warranties of any kind regarding any prize. Unless prohibited by applicable law, the acceptance of the Grand Prize by the winner constitutes winner's permission for Sponsor to use winner's name, address (state), biographical information, and testimonials for advertising and/or publicity purposes in connection with this Sweepstakes only, worldwide and in all forms of media now known or hereafter developed, in perpetuity,
Entrant(s) and winner(s) understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that they may have with respect to the foregoing release are hereby expressly and forever waived. Section 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Each entrant and winner acknowledges that he/she has been given a full opportunity to review and analyze these terms and conditions in the Official Rules for this Sweepstakes, and fully and completely understand all of the terms of these Official Rules. Entrant(s) and winner(s) acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Releasees, and that no action will be taken by or on their behalf with respect to any such claims or rights, it being understood that this release shall be binding upon entrant(s)' and/or winner(s)' heirs, executors, and administrators, and anyone claiming by or through entrant(s) or winner(s).
This Sweepstakes shall be governed by California law without regard to its conflicts of laws provisions. By participating in this Sweepstakes, entrants hereby irrevocably consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco, California for any dispute or litigation arising from or relating to this Sweepstakes.
This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram, or any other organization not specifically named as a Sponsor in these Rules.