theBalm Halloween Sweepstakes
theBalm Halloween Makeup Sweepstakes 2018 (the "Sweepstakes") is provided by Shipman Associates, LLC DBA theBalm (“theBalm” or “Sponsor”).
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.
The Sweepstakes commences at 12:00pm (PST) on 10/15/2018 and, subject to these Rules, concludes at 12:00am (PST) on 10/30/2018 (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.
To participate in the Sweepstakes, users must do the following:
- 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.
- Users create a makeup look using at least one theBalm product, follow @thebalm and tag #theBalmHalloweenSweepstakes on Instagram. Users must list theBalm products used (minimum one theBalm product must be used) in their Instagram post.
- The user’s Instagram profile page must be public during the duration of the Sweepstakes.
- 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.
- The user is limited to one (1) entry per day.
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 theBalm gift card redeemable solely at www.thebalm.com for $500.00 of theBalm branded products and related costs of shipping (the “Prize). The Prize shall have no cash surrender value, expires on December 31, 2020 and cannot be combined with any other promotion offer. Approximate Retail Value (“ARV”) of the Prize is $500.00 USD. TheBalm will attempt to notify the Prize Winners on or about 10/31/2018 via direct message or comment to 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 the participant forfeits 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. All terms and conditions of Instagram.com apply. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
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 winner or other third party.
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.
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, 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. 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.
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 November 30, 2018 to: theBalm Cosmetics, 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 email@example.com.