theBalm 12 Days of Deals Terms and Conditions
Last Updated: November 30th 2018
 

While supplies last, restrictions apply. Offers only valid at www.theBalm.com. No price adjustments on previous purchases. Cannot be combined with any other offer, deal, promotion, coupon, or loyalty points, unless otherwise stated. Orders may take up to 10 business days to process and ship. Standard shipping policies and fees apply. Standard return and exchange policies apply; however, we reserve the right to void or deduct the value of a free gift from the refunded amount based on the revised order total. Please see each full offer details below.

  1. Buy One (1), Get One (1) free Offers - Discount applies to the lowest priced qualified item(s) on the order. Consumer may purchase up to five (5) qualified product(s) in their single order to receive up to five (5) qualified product(s) free.
    1. Mini Kits Coupon – Offer excludes Meet Matte Hughes Mini Kits.
    2. Meet Matte Hughes Coupon – Offer excludes Meet Matte Hughes Mini Kits.
    3. Eye Products Coupon – Offer excludes palettes that contain eye products.
    4. Cheek Coupon – Offer excludes all palettes, except for The Manizer Sisters and The Lou-Manizer’sQuad.
    5. Mamas Coupon – Offer excludes palettes.
    6. Lip Coupon – Offer excludes Meet Matte Hughes Mini Kits.
  2. 25% off Palettes Offers– Receive 25% off of the regular price of any qualified palette purchase. Discount applies to the lowest priced qualified item(s) on the order. Consumer may receive up to five (5) discounted palette products in their single order.
  3. Free Scuba Mascara Offer – One free Scuba Mascara with orders over $35.00 USD. Order total must be $35.00 USD or over before taxes and shipping fees.
  4. Double Points Offer – Consumer will receive 2 points for every $1.00 spent. Offer is limited to purchases only.
  5. Triple Points Offer – Consumer will receive 3 points for every $1.00 spent. Offer is limited to purchases only.
  6. Buy three (3), for the price of one (1) – Consumer may purchase up to 5 Batter Ups to receive 10 Batter Ups free.

 

 

theBalm 12 Days of Deals (the "Sweepstakes") is provided by Shipman Associates, LLC DBA theBalm (“theBalm” or “Sponsor”).

 

ELIGIBILITY:

The contest is open only to all residents of the North America, South America, Asia, Africa, Australia, Europe and Antarctica who are at least eighteen (18) years of age and have reached the age of majority according to the law of the state or country in which they reside, and entries originating from any other jurisdictions are not eligible for entry. Excluded from eligibility are residents of any country that the United States of America has restricted trade with as of the date of commencement of this Sweepstakes. Also excluded from eligibility are the officers, directors, employees, volunteers, agents and representatives of theBalm, and its and their parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) (collectively, the "Excluded Individuals"). NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.  These official rules are subject to change without notice in order to comply with any applicable federal, state, and municipal laws or the policy of any other entity having jurisdiction over theBalm. The Sweepstakes is void where prohibited by law. 

ACCEPTANCE OF RULES: Participation in the Sweepstakes constitutes an entrant's full and unconditional agreement to these Official Sweepstakes Rules (the "Rules"), as may be amended by theBalm at its sole discretion, and the decisions of Sponsor. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.

SWEEPSTAKES PERIOD:

The Sweepstakes commences at (the "Sweepstakes Period"). All entries must be received during the Sweepstakes Period, and must meet the other requirements contained in these rules to be eligible to win the prize.

PARTICIPATION: To participate in the Sweepstakes, users must do one of the following:

  1. Refer a friend to www.theBalm.com. Users must share their referral link found in their account on www.theBalm.com. The person referred must submit their email address to be consider a complete entry.
  2. Make a purchase on www.theBalm.com.
  3. Incomplete entries or submissions received after the expiry of the applicable Sweepstakes Period will be considered null and void and ineligible to win any prize from this Sweepstakes Period.
  4. The user is limited to one (1) entry per day.
  5. theBalm retains the sole discretion to disqualify any entry that it believes contains obscene, insensitive or inappropriate content, and that does not comply with these official Rules or is not consistent with the spirit of the Sweepstakes.  You must make sure the “Photos Are Private” option in the account settings on your Instagram account are set to “OFF”.

If you enter using your mobile device, standard data fees may apply.  You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.

All entry information, content, and other information or materials in your Comment shall be collectively referred to herein as the “Submissions” or each as a “Submission.” 

By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties. Providing a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.  All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor

 

SELECTION OF WINNER:

One (1) Prize (defined below) will be awarded. The Prize Winner (defined below) will receive a selection of theBalm branded products chosen by the Sponsor having an approximate retail value (“ARV”) up to $2,000.00 USD (the “Prize”). The Prize excludes holiday products, discontinued products, out of stock products and design your own palettes. The Prize shall have no cash surrender value and cannot be combined with any other promotion offer. theBalm will attempt to notify the Prize Winners on or about 12/14/2018 via email. If after exercising reasonable efforts, theBalm cannot reach a participant within two (2) weeks from the first attempt to contact them, theBalm will be free of any liability and may forfeit the prize. If there is a dispute as to the identity of an online participant, the prize will be awarded to the authorized account holder of the Instagram, Facebook, or Twitter account. Each potential winner may be required to provide theBalm with proof that the potential winner is the natural person associated with the Instagram, Facebook or Twitter account associated with the winning entry. 

 

TERMS OF ACCEPTANCE:

The Prize must be accepted as awarded. The Prize Winner must reply with their email and shipping address. Prizes are non-refundable and non-transferable, cannot be combined with any other special offers or promotions, and must be accepted as awarded, except: (i) as otherwise explicitly provided herein; or (ii) at theBalm’s sole discretion. theBalm reserves the right to substitute a Prize with one (1) of comparable or greater value without liability or consent. All costs and expenses not specifically included as part of any prize, including, without limitation, insurance, taxes and any other personal and incidental expenses and any taxes thereon, are the sole responsibility of the winner. theBalm is not responsible for replacing any prizes if they are lost, stolen, or otherwise rendered unusable due to any act or omission of prize winners or other third party.

PRIVACY:

Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review Sponsor’s privacy policy at https://thebalm.com/pages/privacy-policy. By participating in the Sweepstakes, each entrant: (a) grants to theBalm, its authorized agents and/or representatives, the right to collect, use, and disclose the personal information provided by each entrant at the time they enter the Sweepstakes for the purposes of administering the Sweepstakes and Prize fulfillment; (b) the right to use the posts and any information contained in the submission and any other personal or other information submitted by such entrant (“Information”) for publicity and promotional purposes relating to the Sweepstakes, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (c) the right to use of the post in any advertising and publicity that theBalm may conduct in any media or format, whether now known or hereafter developed, including but not limited to the Internet, at any time in perpetuity, without further compensation or notice to the winner. By entering this Sweepstakes, each entrant expressly consents to the use of their personal information for such purposes.

DISCLAIMER:

IN NO EVENT WILL THEBALM, INSTAGRAM AND/OR THEIR ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”)BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF AN ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, ANY PRIZE WON, AN ENTRANT’S ACCESS TO OR USE OF THEBALM’S WEB SITES, OR THE INSTAGRAM WEBSITE GENERALLY, OR THE ACCESSING, DOWNLOADING AND/OR PRINTING OF ANY MATERIAL AVAILABLE ON ANY OF THOSE SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THEBALM’S WEB SITE IS PROVIDED "AS IS, WHERE IS, AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

GENERAL RELEASE By entering the Sweepstakes, entrants release theBalm, Instagram, and all Released Entities from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes or delivery, mis delivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.  Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified.  Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.

ADDITIONAL TERMS:

TheBalm reserves the right, at its sole discretion, to disqualify any participant from the Sweepstakes if theBalm finds or reasonably believes such individual to be tampering with the entry process or the operation of the Sweepstakes or where applicable, the Sweepstakes Page; and/or to be acting: (i) in violation of these Rules; (ii) in an unsportsmanlike or disruptive manner; or (iii) with the intent to annoy, abuse, threaten or harass theBalm, or any of their respective employees, any other participants, or any other person.  Any attempt by a participant or other individual to automate the entry process, or otherwise, undermine the legitimate administration, security or operation of the Sweepstakes, is a violation of criminal and civil laws.  TheBalm reserves the right to seek remedies and damages from any such person to the fullest extent permitted by law.  Participants engaging in any of the foregoing activities may be disqualified and will forfeit any Prizes won.

The decisions of theBalm in regards to all matters of the Sweepstakes are final and binding upon participants. In the event of any dispute regarding the interpretation of the rules of the Sweepstakes or any decision rendered by theBalm, the decision or interpretation of theBalm shall prevail.

All participants must comply with applicable laws.

Any entry that is illegible, incomplete, altered, or contains false information, is invalid.

Notwithstanding any other provision contained herein, theBalm reserves the right, in its sole discretion, to modify, amend, cancel, suspend, reinstate or close the Sweepstakes, at any time in whole or in part without prior notification, and for any reason whatsoever.

The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, City of San Francisco.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to San Francisco in the State of California. The parties agree not to raise the defense of forum non-convenience.

To obtain a list of winners, send a self-addressed, stamped envelope by 02/08/2019 to: theBalm Attn: Sweepstakes 1000 Atlantic Ave Suite 100, Alameda CA 94501.

The Sweepstakes is in no way sponsored, endorsed or administered by, or otherwise associated with, Instagram. Participants are providing their information to theBalm and not to Instagram. For contest updates and additional information, Participants may visit https://thebalm.com/pages/about-us#contact-us  or express concerns to info@thebalm.com.

    Questions:  Should you have any questions regarding these Terms and Conditions you may contact us at info@thebalm.
    Privacy:  Use of the Website is also governed by our privacy policy, located here.
    Please view our full terms and conditions here.