SIGMA BEAUTY® x VITA LIBERATA INSTAGRAM SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 13 YEARS OLD AT THE TIME OF ENTRY.
The Sigma Beauty® Instagram Sweepstakes is sponsored and administered by Sigma Enterprises, LLC® located at 1395 Commerce Drive, Mendota Heights, MN 55129 in collaboration with Vita Liberata.
1. GIVEAWAY PERIOD: The Sweepstakes begins on September 26th, 2019, at 10:00:00 A.M. Central Daylight Time (“CDT”) and ends on September 29th, 2019 at 11:59 P.M. CDT (“Sweepstakes Period”). The Sweepstakes Period includes one (1) entry period (“Entry Period”) as set forth in the chart below:
2. ELIGIBILITY: This Sweepstakes is offered only to legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years old at the time of entry. Employees of Sponsor and its parent companies, subsidiaries and affiliates, distributors, dealerships, and companies involved in the implementation and execution of the Sweepstakes (“Sweepstakes Entities”) and each of their respective immediate family members (i.e., spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Sweepstakes. Void where prohibited or restricted by law. By participating in this Sweepstakes, an individual who meets the eligibility requirements and enters the Sweepstakes agrees to be bound by these official rules (“Official Rules”) and that the decisions of the Sponsor shall be final and binding in all matters pertaining to the Sweepstakes.
Entry Limit: An entrant is limited to entering ten (10) entries per valid, non-private Instagram account per Entry Period. An entrant cannot tag the same Instagram user in multiple entries per Entry Period. Entries received from any valid, non-private Instagram account in excess of the stated limitation will be void.
NOTE: Due to the way Instagram operates its service, entries from Instagram users with "protected" accounts (i.e., the user has set his/her account so that only people the user has approved can view his/her posts) may not be received. If an entrant participates from his/her wireless phone, the entrant’s wireless service provider may charge the entrant for each text message sent and received. Entrants and tagged Instagram users should consult their wireless service provider regarding its pricing plans. Message and data rates may apply.
4. ENTRY GUIDELINES AND RESTRICTIONS: Each entry: • Must follow the instructions and comply with these Official Rules; • Must comply with the Instagram Terms of Service; • Must not contain material that violates or infringes another's rights, including, but not limited to, privacy, publicity or intellectual property rights, including copyright infringement (including, but not limited to, logos [manufacturer or carrier], trade names, or patented features); • Must not disparage Sponsor or any other person or party affiliated with the promotion and administration of this Sweepstakes; • Must not in any way mention, refer or otherwise allude to the name, logo or trademark of any entity, individual, product or brand other than those of Sponsor and its brands; • Must not promote any cause other than the Sweepstakes theme • Must not include personally identifiable information, including, but not limited, to phone numbers; • Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor at Sponsor’s sole discretion); • Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age (as determined by Sponsor at Sponsor’s sole discretion); • Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; and • Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where entry is created.
NOTE: By submitting an entry, each entrant agrees that his/her entry conforms to the Entry Guidelines and Restrictions set forth above and that Sponsor may, at its sole and absolute discretion, disqualify him/her from the Sweepstakes if Sponsor decides that his/her entry fails to conform to such requirements or any other provision of these Official Rules.
Each person who enters this Sweepstakes represents and warrants as follows: (i) the entry does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (ii) the entry does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iii) the entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sweepstakes Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. Any entry that does not comply with these Official Rules or that otherwise contains prohibited or inappropriate content as determined by Sponsor, in its sole and absolute discretion, will be disqualified.
Sponsor grants entrants a limited, revocable, non-sublicensable license to use Sponsor’s name, product, trademarks and logos (collectively, “Sponsor’s IP”) for the sole purpose of entering this Sweepstakes. Entrants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, entrants recognize that all rights, titles and interests in Sponsor’s IP shall vest exclusively to the Sponsor, and entrant agrees that he or she has not, and will not, take any action that might harm or adversely affect such rights. No rights, titles or interests in and to the Sponsor’s IP, except for the limited license granted to entrant in these Official Rules, are transferred or created. Each entrant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that entrant shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Entrants agree that the use of Sponsor’s IP is permitted only for the purpose of entering this Sweepstakes, and that any use of Sponsor’s IP (whether in the entry or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.
5. RANDOM DRAWINGS: On or around the date set forth in the chart in Section 1, the Sponsor and Vita Liberata will each randomly select one winning entry for a given Entry Period from all eligible entries received during that Entry Period. The entrants of the selected entries will be deemed to be potential prize winners for that Entry Period, pending verification of his/her eligibility and compliance with these Official Rules as determined by Sponsor, at Sponsor’s sole discretion.
6. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Two (2) grand prize winners will win a haul of products from Sigma Beauty and Vita Liberata (total estimated value of $542.00, total estimated value of $271 for each winner’s haul). (1) Warm Neutrals Volume 2 Eyeshadow Palette, (1) F23 Soft Angled Contour™, (1) E27 Detail Blending, (1) E33 Detail Diffused Crease™, (1) E42 Precision Firm Blender™, (1) Liquid Pen Eyeliner - Wicked, (1) F80 Flat Kabuki™, (1) Tint + Tame Brow Gel - Clear, (1) Liquid Lipstick - New Mod, (1) Vita Liberata Beauty Blur & (1) Vita Liberata Body Blur.
General Prize Conditions: The odds of winning the prizes for an Entry Period depend on the total number of eligible entries received during that Entry Period. Prizes are non-transferable, non-assignable and no substitution, exchange or cash equivalent will be allowed, except by Sponsor, at Sponsor’s sole discretion. Prizes may not be redeemed for cash, nor may they be transferred or offered for sale or auction, and can be substituted only at Sponsor’s sole discretion with prize of equal or greater value. Any portion of a prize not accepted by a winner will be forfeited, and the Sweepstakes Entities shall not be responsible for any inability of winner to accept or use any portion of a prize for any reason. All applicable federal, state, and local taxes, and all other fees, costs, expenses and charges not specifically identified in these Official Rules as a prize element, are the sole responsibility of the prize winners. An entrant and/or “tagged” Instagram user may not win a prize during more than one Entry Period.
7. HOW TO CLAIM A PRIZE: On, or about, the dates set forth in the chart in Section 1, the potential winners will be sent a direct notification on Instagram from @sigmabeauty and @vitaliberata on his/her entry with instructions on how to claim the prize (“Notification”). The potential winners will be required to follow instructions on the Notification and provide the Sponsor with his/her email address, first name, last name (no initials), complete street address (no P.O. Box), city, state, zip code, and birth date. Each potential winner must complete this process within twenty-four (24) hours from the date of the Notification or the prizes may be forfeited. In addition, each potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release. If potential winners are considered a minor in the legal jurisdiction in which he/she resides, then his/her parent or legal guardian may be required to execute and return the Affidavit of Eligibility, Liability Release, and Publicity Release. If a potential winner fails or refuses to sign and return all documents within seven (7) days of Notification (or a shorter time if required by exigencies), the potential winner may be disqualified and an alternate winner may be selected. It is the responsibility of each entrant and tagged Instagram user to timely set his/her Instagram account settings to accept contacts by Sponsor and to timely check his/her account for such messages. Upon verification of eligibility, the correct prizes will be mailed to the winner at the mailing address provided when registering for the prizes as set forth above. If a potential winner is found to be ineligible; is not in compliance with these Official Rules; declines to accept the prize; or if the Notification or prize is returned as undeliverable, the prize will be forfeited and, in the Sponsor’s sole discretion, may or may not be awarded to an alternate winner selected at random from the remaining pool of eligible entrants during the Sweepstakes Period. Each prize will be mailed to the address set forth on the potential winner’s registration page within one (1) to four (4) weeks from the date of verification. Sweepstakes Entities shall not be held responsible for any delays in awarding prizes for any reason. Prizes will only be awarded to verified winners. Acceptance of a prize shall constitute and signify each winner's agreement and consent that Sponsor and its designees may use the winner's name, city, state, likeness, photo, and/or prize information in connection with Sweepstakes, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
8. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants and tagged Instagram users agree that the Sweepstakes Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal 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/Page/UseNet accessibility, availability or traffic congestion; or any technical, mechanical, printing, or 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. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Page users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Page or any Sweepstakes-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, at Sponsor’s sole discretion, be disqualified.
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 in the Sweepstakes, the entrant’s sole remedy is to enter the Sweepstakes again to receive another entry. If, for any reason, the 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/or proceed with the Sweepstakes, including the selection of the winners in a manner it deems fair and reasonable, including the selection of the potential prize winners from among eligible entries received prior to such cancellation, termination, modification or suspension. This Sweepstakes is subject to all federal, state, and local laws and regulations.
By entering the Sweepstakes, each Instagram user agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of 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: (a) the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Sweepstakes materials; (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof); (i) any technical malfunctions or unavailability of the Page or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant; (j) interruption or inability to access the Sweepstakes, the Page or any other Sweepstakes-related websites or any online service via the Internet due to hardware or software compatibility problems; (k) any damage to entrant’s (or any third person’s) equipment used to access the Sweepstakes and/or its contents related to or resulting from any part of the Sweepstakes; (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions; (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries; (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (p) the negligence or willful misconduct by entrant.
Without limiting the foregoing, everything regarding this Sweepstakes, including the Page and prize components, are provided “as is” without warranty of any kind, either express 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 limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
9. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN A FEDERAL OR STATE COURT IN ALLENTOWN, PENNSYLVANIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN PENNSYLVANIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN ALLENTOWN, PENNSYLVANIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE SWEEPSTAKES PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
11. PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting a prize, each entrant and “tagged” Instagram user agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for Sweepstakes, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
12. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. If it is discovered that any entrant attempts to enter additional entries in excess of the stated limitation, that entrant may, at Sponsor’s sole discretion, be disqualified from the Sweepstakes. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the email address associated with the Instagram account used to submit an entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each potential winner may be required to show proof of being the authorized account holder. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a sweepstakes. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Sweepstakes may void any attempted participation affected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All entries submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
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