The One Million Follower Giveaway contest (the "Contest") is provided by Shipman Associates, LLC DBA theBalm (“theBalm”).
The contest is open only to all residents of the North America, South America, Asia, Africa, Australia, Europe and Antarctica who have reached the age of majority according to the law of the state or country in which they reside. 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 Contest. Also excluded from eligibility are the officers, directors, employees, volunteers, agents and representatives of theBalm (collectively, the "Excluded Individuals"). NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. 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 Contest is void where prohibited by law.
ACCEPTANCE OF RULES:
Participation in the Contest constitutes an entrant's full and unconditional agreement to these Official Contest Rules (the "Rules"), as may be amended by theBalm at its sole discretion. Winning the Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
The Contest commences at 11:00am (PST) on 6/25/2016 and, subject to these Rules, concludes at 5:00pm (PST) on 7/6/2016 (the "Contest Period"). All entries must be received during the Contest Period, and must meet the other requirements contained in these rules to be eligible to win the prize.
To participate in the Contest, users must do the following:
a. Users must have a valid Instagram account and valid email address. At the time of writing, there are no fees associated with the creation of an Instagram account.
b. Users must then follow @thebalm_cosmetics.
c. Users must repost any screenshot from the Contest video posted by theBalm. Users must also hashtag #theBalm1mil when they repost their theBalm screenshot.
d. The Users Instagram profile page must be public during the duration of the Contest.
e. After reposting the screenshot and adding the Contest hashtag #theBalm1mil in the caption, the registered user will be automatically entered into the Contest. Participants may opt out of these communications at any time.
f. Incomplete entries or submissions received after the expiry of the applicable Contest Period will be considered null and void and ineligible to win any prize from this Contest Period.
g. The user is limited to one (1) entry per day.
h. 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 Contest.
SELECTION OF WINNER:
Two (2) lucky winners will receive a $1000 gift certificate valid at theBalm’s flagship store located in San Francisco. This gift cart must be used at the time of the contest visit. It is non transferrable, and cannot be redeemed anywhere except theBalm Valencia, 7888 Valencia St, San Francisco, CA 94110. TheBalm will also fly the two (2) winners and a guest of each winner’s choice to San Francisco, California to experience a weekend of fun in the city of San Francisco, plus a makeover at theBalm’s local San Francisco boutique. The trip will include a fun itinerary of activities, including sponsorship from the following: lodging at The Westin St. Francis @westinsf, a Bay Cruise from Blue and Gold Fleet @blueandgoldfleet, VIP passes to Pier 39 @pier39, dining at Beretta @berettasf and Fog Harbor Fish House @fogharbor, and tickets to Beach Blanket Babylon @beachblanketsf. The two (2) winners (the “Prize Winners”) will be selected by theBalm from the pool of eligible posts submitted during the Contest Period. TheBalm will attempt to notify the Prize Winners via their Instagram account. 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 account. Each potential winner may be required to provide theBalm with proof that the potential winner is the natural person associated with the Instagram account associated with the winning entry.
TERMS OF ACCEPTANCE:
The Prize must be accepted as awarded. The Prize Winners must have valid visas and passports and be able to travel to the United States of America. TheBalm will not facilitate any or incur costs related to obtaining visas or passports for the Prize Winners or their guests. 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 winners. 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.
By participating in the Contest, 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 Contest for the purposes of administering the Contest 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 Contest, 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 Contest, each entrant expressly consents to the use of their personal information for such purposes.
IN NO EVENT WILL THEBALM, INSTAGRAM OR ANY CONTEST 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 CONTEST, 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.
By entering the Contest, entrants release theBalm, Instagram, and all Contest 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 Contest or delivery, misdelivery, 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.
TheBalm reserves the right, at its sole discretion, to disqualify any participant from the Contest if theBalm finds or reasonably believes such individual to be tampering with the entry process or the operation of the Contest or where applicable, the Contest 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 Contest, 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 Contest are final and binding upon participants. In the event of any dispute regarding the interpretation of the rules of the Contest or any decision rendered by theBalm, the decision or interpretation of theBalm shall prevail.
Participants agree that upon posting their post, theBalm shall have an unlimited, irrevocable perpetual license to publish, distribute, publicly perform or display, post electronically, create derivative works from, or otherwise reproduce in any manner the participant's post in any media whatsoever, including, without limitation, in connection with the theBalm’s social media websites, and videostreams anywhere in the world, without further payment or notice for the purposes of theBalm’s advertising, marketing, promotion, and/or journalistic, archival, historical, internal and external recognition activities. Each participant waives all moral rights in and to the post.
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 Contest, at any time in whole or in part without prior notification, and for any reason whatsoever.
The Contest and the Rules shall be governed exclusively by and construed in accordance with the laws in the State of California, without regard to conflicts of laws principles. Any dispute not otherwise determined in accordance with the rules of the Contest shall be adjudicated in the courts sitting in San Francisco, California (or any appeals court therefrom).
The Contest is in no way sponsored, endorsed or administered by, or otherwise associated with, Instagram or Facebook. Participants are providing their information to theBalm and not to Instagram or Facebook. For contest updates and additional information, Participants may visit https://thebalm.com/pages/about-us#contact-us or express concerns to firstname.lastname@example.org.