POPSUGAR x e.l.f. Instagram Feed Giveaway Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN; A PURCHASE DOES NOT INCREASE ODDS OF WINNING; CONSUMER DISCLOSURE: YOU HAVE NOT YET WON
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH GOVERN YOUR PARTICIPATION IN THE SWEEPSTAKES, AND TO RECEIVE MARKETING MATERIALS FROM POPSUGAR, INC. ("SPONSOR") E.L.F. COSMETICS AND ("SWEEPSTAKES PARTNER(S)". YOU ALSO REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS BELOW.
The Sweepstakes is sponsored by POPSUGAR Inc., located at 111 Sutter Street, 16th Floor, San Francisco, California, 94104. The Sweepstakes is subject to all applicable laws and regulations and is void where prohibited by law, or where bonding, registration, or other requirements have not been met. Decisions of Sponsor are final and binding with respect to all matters relating to the Sweepstakes.
1. Eligibility Requirements. The Sweepstakes is open to individuals legally residing in the fifty (50) United States or the District of Columbia, aged 18 or over, who meet their jurisdiction's minimum age requirement. Officers, employees, agents, and immediate family and household members of Sponsor, Sweepstakes Partner(s), and their respective parents, subsidiaries, affiliates, advertising and promotion agencies and anyone professionally associated with the Sweepstakes (collectively, "Sweepstakes Entities") are not eligible. Winner(s) may be required to furnish proof of identity, address, and age to receive a prize.
2. Sweepstakes Period. The Sweepstakes begins on December 14, 2020 at 10:00 AM Pacific Time and ends on December 28, 2020 at 11:59 PM Pacific Time (the "Sweepstakes Period"). Entries received prior to or following the Sweepstakes Period will be disqualified. The Sponsor's computer is the official time-keeping device for the Sweepstakes.
4. Odds. Odds of winning depend on the number of entries received.
5. Entry Limit. Limit one (1) entry per person, email account and social media platform. You may not use multiple means of entry (e.g., multiple email or multiple social media accounts) to circumvent the entry limit.
6. Prize(s). Five (5) confirmed winners will receive one (1) $100 dollar e.l.f. gift card, each with an approximate retail value of one hundred U.S. dollars ($100.00 USD) ("ARV") (each a "Prize" and collectively the "Prizes). The total combined ARV of the Prizes is five hundred U.S dollars ($500.00 USD). Prizes shall be redeemable online at https://www.elfcosmetics.com and shall be issued electronically/digitally or by mail at the Partner's discretion. The ARV represents Sponsor's good-faith determination of the approximate retail value of the Prizes in U.S. dollars and may differ from the actual fair market value. The actual fair market value is determined by Sponsor, is final and binding, and may not be challenged or appealed. If the ARV of a prize exceeds the actual fair market value of the prize, the difference will not be awarded to winner in cash or otherwise. There is no cash alternative for the Prize, in whole or in part. The Prize is non-transferable and non-exchangeable. No compensation, refunds, or alternatives will be offered due to a winner's inability to attend, claim, or use the Prize. Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize. In no event shall the Sponsor be obligated to award more prizes than the number of Prize(s) stated in these Official Rules.
7. Winner Selection. Sponsor will use a computer-generated randomizer to select five (5) winners on or about January 4, 2021 from the entries received during the Sweepstakes Period. If there is a dispute regarding the identity of the winner (s), the registered account holder of the Social Platform account or email account (s) used to submit the winning entry will be deemed the winner, subject to such owner's compliance with the Official Rules. Sponsor reserves the right to deliver Prize(s) to the email or mailing address supplied by the winner (s) at the time of entry.
8. Winner Notification and Acceptance Requirements. Sponsor will contact winner(s) by the Social Platform direct message or the email address provided to enter. Sponsor is not liable for a winner's failure or inability to receive communications sent by Sponsor to the contact information provided. To receive the Prize, the winner must: (a) respond to Sponsor within five (5) business days of initial contact to confirm eligibility; and (b) sign and return an affidavit or declaration of eligibility, IRS Form W-9 (if requested), and liability and publicity release (together, "Winner Paperwork") to Sponsor within five (5) business days of Sponsor's delivery. A winner may be disqualified for: failure to timely respond to Sponsor's notification, failure to timely complete and return the Winner Paperwork, failure to meet the Eligibility Requirements at the time of entry, failure to comply with the Official Rules, and/or failure to comply with applicable laws and regulations, each as determined in Sponsor's sole discretion. All winner privileges shall immediately terminate upon disqualification. If a winner is disqualified, Sponsor may select an alternative winner (up to a maximum of two alternates). No alternate winner will be drawn if a Prize is time-sensitive. Normal time, toll, connection, and usage rates charged by your Internet Service Provider may apply. Winner(s) are responsible for all federal, state, and local taxes on the value of the Prize. Winner(s) may receive from an IRS form 1099-MISC at the end of the calendar year, a copy of which form will also be filed with the Internal Revenue Service. Unless prohibited by applicable law, winner's acceptance of a Prize constitutes winner's irrevocable permission for Sponsor and Sweepstakes Partner(s) to use winner's name, address, biographical information, likeness, and testimonial for advertising or publicity purposes regarding the Sweepstakes, on a worldwide basis and in all forms of media known or unknown, without further compensation.
9. General Terms. Sponsor may disqualify any individual or void any entry if the entrant corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. This includes, for example, the use of computer 'script,' 'macro,' or 'brute force,' masking identities by manipulating IP addresses, or using any automated means to enter the Sweepstakes. Sponsor may disqualify any individual or void any entry if the entrant uses a username or email address that belongs to or is already being used by another person, whether actual or fictitious, that may be interpreted as impersonating another person, or violating the rights of any person. Incomplete, illegal, misdirected, untimely, or invalid entries will not be accepted. Proof of sending is not proof of delivery. Releasees (defined below) take no responsibility for delayed, incomplete, illegible, unintelligible, misdirected, damaged, or lost entries due to technical reasons or otherwise. If the Sweepstakes cannot be run or be administered as planned, for reasons outside of Sponsor's control, Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes (subject to any written directions given under applicable law) by posting a notice on the Sweepstakes entry page. Sponsor further reserves the right to modify, cancel, or suspend the Sweepstakes if Sponsor believes doing so is necessary to maintain the integrity of the Sweepstakes or fairness to entrants. Sponsor will not be liable for a delay or failure to perform its obligations if caused by an act, omission, event, or circumstance beyond Sponsor's reasonable control. This Sweepstakes is governed by New York law. By entering, you irrevocably consent to exclusive jurisdiction and venue of the state and federal courts located in New York, New York for any dispute arising from or relating to this Sweepstakes.
11. Risks; Warranties; Release of Claims. Your participation in the Sweepstakes is at your own risk. Releasees do not make, and hereby disclaim, all implied warranties of any kind relating to the Prize, including warranties of fitness for a particular purpose, merchantability, and noninfringement, or any representations regarding the function or operation of the Prize. By entering the Sweepstakes, you agree to release and hold the Sweepstakes Entities and their respective agents, successors, assigns, employees, officers, and directors (collectively, the "Releasees") harmless from any liability, illness, injury, death, loss, litigation, claim, or damage directly or indirectly relating to (i) the provision, hosting, sponsorship, administration, suspension, or cancellation of the Sweepstakes, (ii) a person's ability or inability to enter or participate in the Sweepstakes, including those arising from technical failures, third-party telecommunication outages, health pandemic or other force majeure events, (iii) any determination of disqualification or other decision made by Sponsor in its sole discretion, (iv) your ability to win, claim, or use a Prize, or to otherwise participate in any activity relating to the Sweepstakes, (v) the Prize itself, including use or misuse of a Prize, and/or (vi) electronic or human error, or events arising from the simple negligence of one or more Releasees. You further agree to expressly and forever waive all rights under Section 1542 of the Civil Code of California ("Section 1542") (or any similar law applicable to your jurisdiction) which reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. You acknowledge that you have had an opportunity to review these Official Rules and Sponsor's and the Sweepstakes Partner(s)' privacy policies and understand them. You acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Releasees and that this release will be binding upon an entrant's and winner's heirs, executors, and administrators, and anyone claiming by or through an entrant or winner.
12. Third-Party Platforms. If this Sweepstakes is hosted, administered, or operated on a third-party platform, including without limitation and Social Platforms (e.g. Facebook or Instagram) (the "Third Party Platform"), then by participating in this Sweepstakes, you hereby release and hold harmless such Third Party Platform from all claims, responsibility, and liability relating to the Sweepstakes. Unless otherwise stated in these Official Rules, this Sweepstakes is not sponsored, endorsed, or administered by, or associated with, any Third Party Platform.
13. Winner Publication. The first name, last name, and state of residency for confirmed winner(s) will be available upon written request to the Sponsor at the address below, for two (2) years following the end of the Sweepstakes Period.
14. Sponsor and Sweepstakes Partner Contacts.
Sponsor(s): POPSUGAR Inc. 111 Sutter Street, 16th Floor, San Francisco, California, 94104
Sweepstakes Partner(s): e.l.f. Cosmetics, Inc. 570 10th Street, Oakland, CA 94607