OFFICIAL SWEEPSTAKES RULES
This Promotion is administered by Her Campus Media, 9 Lansdowne St., Suite 2, Boston, MA 02215 (the “Administrator”). This Promotion is sponsored by Fenty Beauty, LLC, 425 Market Street, 19th Floor, San Francisco, CA 94105 (the “Sponsor”).
By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may, at Administrator’s and/or Sponsor’s discretion, result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects.
1. PROMOTION PERIOD. Promotion begins 8:00 AM Eastern Time (“ET”) May 12, 2021 and ends 11:59 PM ET May 17, 2021 (“Promotion Period”).
2. ELIGIBILITY. This Promotion is only open to legal residents of the United States (excluding Alaska, Hawaii, and all United States owned territories and possessions) (including the District of Columbia) who are at least 18 years old as of the date of Entry. Officers, directors, members, and employees of the Administrator, Sponsor, or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse and their respective spouses, regardless of where they reside), and persons residing in the same household as such individuals, whether or not related, are not eligible for this Promotion. This Promotion is void in Alaska, Hawaii, and all United States owned territories and possessions and where prohibited.
3. HOW TO ENTER. During the Promotion Period, to enter, visit the @hercampus on Instagram and find the post of about the Promotion and follow the directions to enter. If you do not have an account with the social platforms on which you are required to take action in order to complete your entry, establishing an account is free. All applicable platform terms apply. If required to “follow” a specific account, you “unfollow” that account any time after the winners have been announced.
Entries must adhere to the fundamental spirit of the Promotion and cannot contain any defamatory, obscene or otherwise unlawful matter or depict anyone engaged in any illegal, immoral or lewd act, contain any violent or pornographic material or contain any other inappropriate content or violate the rights of any thirty party or entity (as determined by Administrator). Limit: One (1) entry per person. Entries in excess of the stated entry limit will be void. You may not enter more times than indicated by using multiple email addresses, accounts, identities or devices in an attempt to circumvent the entry limitation. If you use fraudulent methods or otherwise attempt to circumvent these Official Rules, your entry may be void. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. Entries become the sole property of Sponsor.
4. WINNER SELECTION, NOTIFICATION AND VERIFICATION. Potential winners will be selected on or about May 17, 2021 in a random drawing conducted by the Administrator from among all eligible entries received. Odds of winning depend upon the number of eligible entries received. Potential winners will be notified by direct message and will be required to execute and return an affidavit of eligibility (including social security number), release of liability and, unless prohibited a publicity grant (“Affidavit and Release”) within a time period stated by Administrator. If a potential winner: (i) cannot be contacted; (ii) does not respond within three (3) days from the date the Administrator first tries to notify him/her; (iii) fails to timely return the Affidavit and Release; (iv) refuses the prize; (v) the prize or prize notification is returned as undeliverable; and/or (vi) is otherwise not in compliance with these Official Rules, such potential winner forfeits all rights to win the Promotion or receive the prize. Administrator may conduct a background check to confirm any potential winner’s eligibility and compliance with these rules. By entering, entrants agree to cooperate reasonably with any such background check if selected as a potential winner. If the prize includes participation in any public event(s) or publicity, or if Administrator Entities intend to publicize the winner in any way, and if a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of any Sweepstakes Entity (as defined below), as determined by Administrator in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner. If winner is deemed to be a minor under the jurisdiction of his/her residence, the prize will be awarded in the name of his/her parent or legal guardian who must fulfill all requirements imposed on winners as set forth herein.
5. PRIZES (5): Fenty Beauty and Fenty Skin Prize Pack (Approximate Retail Value (“ARV”): $583.00 each). Total ARV of all prizes: $2,915. Winner agrees to accept the prize “as is”, and acknowledge that Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including, without limitation, to the prize’s quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a supplier that are sent along with the Prize. Sponsor will not replace any lost or stolen Prize. Unclaimed prize(s) will not be awarded. All federal, state, and local taxes as well as any costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of each winner. No prize or any portion thereof is transferable. The prize cannot be exchanged for monetary value. All prize details shall be determined by Sponsor in Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute prize (or portion thereof) for one of comparable or greater value in Sponsor’s sole and absolute discretion. Limit one (1) prize per person. The value(s) of the prize(s) set forth above represent Sweepstakes Entities’ good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. No substitution or compensation will be given for any portion of the prize that is not used.
6. PUBLICITY GRANT: Except where prohibited, entry into the Promotion constitutes the consent of each entrant, without further compensation, to use his/her name, user name, likeness (including, but not limited to, profile photo), biographical data, entry, and prize information for editorial, advertising, marketing, publicity, and administrative purposes by the Sponsor and Administrator and their respective designees, in any and all media, now or hereafter devised, worldwide in perpetuity, without further notification or permission.
7. RELEASE. By entering the Promotion, each entrant releases and discharges the Administrator, the Sponsor, and any other party associated with the development or administration of this Promotion, as well as their respective parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sweepstakes Entities”), from any and all liability whatsoever, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”) in connection with this Promotion or the acceptance and use of any prize.
8. DISCLAIMERS. (i) Sweepstakes Entities are not responsible for entries, posts, comments, direct messages, email or other communications of any kind that are lost, late, misdirected, incorrect, delayed, stolen, lost, garbled, postage-due or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Administrator’s servers or elsewhere; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prize(s) or in any Promotion-related materials. (ii) In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address associated with the social media account used to enter and such individual must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (iii) Administrator, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Administrator. (iv) Administrator or Sponsor further reserve the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (v) Sweepstakes Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Promotion based upon such error at its sole discretion without liability. In no event will Sweepstakes Entities be responsible for awarding more than the number of prizes specified in these rules. (vi) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (iv) or (v), Administrator, in its sole discretion, may elect to select the potential winners from among all non-suspect, eligible entries received up to the date of discontinuance for any or all of the prizes offered herein or as otherwise deemed fair and appropriate by Administrator. (vii) SWEEPSTAKES ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (viii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
9. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Official Rules is invalid or unenforceable, then that provision will be removed from the Official Rules, and the remaining provisions of these Official Rules will remain in full force and effect. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Massachusetts, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Boston, Massachusetts. Should there be a conflict between the laws of the State of Massachusetts and any other laws, the conflict will be resolved in favor of the laws of the State of Massachusetts. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
10. WINNER LIST. For a list containing the names of the winners, send a self-addressed stamped envelope, within six (6) months of the end of the Promotion Period, to: Winner List, Fenty Beauty TFF Sweepstakes, Her Campus Media, 9 Lansdowne St., Suite 2, Boston, MA 02215.