Perfect365 NYX Professional Makeup Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. Odds of winning depend upon the total number of eligible entries. A PURCHASE or payment WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO ALL LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. YOU must have access to the Internet to enter.
Perfect365, Inc., (“Sponsor”).
The Perfect365 sweepstakes ("Sweepstakes") is offered only to legal United States residents in the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry (each an "Eligible Entrant"). Employees of Sponsor and any company or entity providing any Prize to be awarded in connection with the Sweepstakes (each a "Prize Provider") and any of their owners, affiliates, directors, subsidiaries, and franchisees (collectively "Released Parties") and their immediate family members are not eligible to participate in any Sweepstakes. All federal, state and local laws and regulations apply.
The Sweepstakes shall begin at 12:00 P.M. Pacific Standard Time ("PST") on Saturday, June 10, 2017 and end at 12:00 P.M. PST on Sunday, June 18, 2017 (the "Sweepstakes Period"). Sponsor’s clock is the official clock for each Sweepstakes
HOW TO ENTER:
Contestants can enter the sweepstakes by uploading a picture of themselves on Instagram using a look from NYX Cosmetics under the Featured tab in Explorer. Contestants must include the hashtags #perfect365giveaway and #nyxcosmetics in the image caption. The information you submit is provided directly to Sponsor and not to Instagram. For clarity, "liking" the Perfect365 Instagram page does not, by itself, constitute entry into a Sweepstakes but rather simply enables you to access the application and enter the Sweepstakes.
PRIZES, APPROXIMATE RETAIL VALUE (ARV), AND ODDS OF WINNING:
Sponsor shall award 3 winners $125 worth of NYX Cosmetics products on the final day of the Sweepstakes Period. The odds of winning any Sweepstakes will depend on the number of Sweepstakes. Each Entry shall be equally weighted.
Each prize includes:
- $125 worth of NYX Cosmetics
- Total ARV for Products: $125
RANDOM SWEEPSTAKES DRAWINGS:
At the end of the Sweepstakes Period, Sponsor shall randomly draw one (1) potential winner from all eligible Entries for the prize (“Potential Winner”). If your Entry is drawn, you and the three (3) users you have tagged will be deemed the potential winners of the Prize, pending confirmation and/or verification of your eligibility and compliance with these Official Rules.
AWARD OF PRIZE:
If you are selected as a Potential Winner of a Sweepstakes, you will be notified via email and/or via private Instagram message within ten (10) business days of the close of the Sweepstakes Period (“Prize Notification”). To claim your Prize, you must reply to Sponsor within the time period indicated in your notification or Sponsor may select an alternative potential winner. Before awarding a Prize, Sponsor may require you to furnish proof of identification and other proof of eligibility under these Official Rules and to execute and return an Affidavit of Eligibility, Publicity Release, and a tax acknowledgment form. You must execute and return all documents within ten (10) business days from the date it is sent to you or your Prize may (in Sponsor’s sole discretion) be forfeited. If you are found to be ineligible or not in compliance with these Official Rules, decline to accept the Prize, Sponsor is unable to contact you, or in the event that the Prize or Prize Notification is returned undeliverable, you will forfeit the Prize, and Sponsor may, in its sole discretion, select an alternate winner. Allow 8-12 weeks for delivery of your Prize, which will be mailed to the address you provided after notification of being a prize winner. The right to receive a Prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute prize of equal or greater value in case of unavailability of prize or force majeure. Federal, state and local taxes, if any, are your sole responsibility.
PRIVACY AND DATA COLLECTION.
LIMITATION OF LIABILITY:
Sponsor and the Released Parties are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable e-mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sponsor and the Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. If, for any reason, an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an Entry into a particular Sweepstakes, your sole remedy is to receive another Entry into a different Sweepstakes. If, for technical reasons, any particular Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and to credit participants of any cancelled Sweepstakes with one (1) Entry in that Sweepstakes. All Prizes are provided by the Prize Provider and not Sponsor. The applicable Prize Provider is solely responsible for any Prize provided by such Prize Provider and you acknowledge that except for delivering the Prize to the applicable Winner as required by these Official Rules, Sponsor has no obligation whatsoever with respect to such Prize, including, without limitation, any responsibility for any product warranties, whether express or implied by law. In the event of any complaint, issue, or failure related to any Prize, the applicable Winner shall look only to the Prize Provider for assistance or support and to the maximum extent permitted by applicable law, Sponsor will have no obligation, responsibility, or liability whatsoever with respect to any Prize except to deliver such Prize as required by these Official Rules and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility. Each Entrant acknowledges that the Prize Provider is responsible for addressing any claims of such Entrant or any third party relating to the use or your possession of any Prize, including, but not limited to: (i) product liability claims; (ii) any claim that Prize fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
BINDING NATURE, WAIVER, INDEMNIFICATION:
By entering a Sweepstakes, you agree: (a) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against any of Sponsor or the Released Parties in connection with the Sweepstakes; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of Sponsor and the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) the Sweepstakes, (ii) typographical or printing errors in these Official Rules or any Sweepstakes materials, (iii) any change in any Prize (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, (iv) any interruptions in or postponement, cancellation, or modification of any Sweepstakes, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any Entry, (vii) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor, any of the Released Parties or by you, (viii) interruption or inability to access any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xii) lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element thereof), or (xiii) the negligence or willful misconduct by you.
To obtain a copy of the winners’ list or a copy of these official rules, write your name and address on a 3"x 5" card and mail it along with a stamped, self-addressed envelope to: Perfect365, Perfect365, Inc., 46601 Fremont Blvd, Fremont, CA 94538. Winner List requests will only be accepted after the applicable Sweepstakes’ end date (listed on the applicable Sweepstakes Notification) and requests must be received no later than thirty days after such end date.
© 2017 Perfect365, Inc. All Rights Reserved. These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor.