#tartexMGgetaway

THE TARTE & MISSGUIDED HAWAIIAN GETAWAY SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

SWEEPSTAKES ENTRY PERIOD: The tarte & missguided Hawaiian Getaway Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) or 5:00:01 AM British Summer Time (“BST”) on Sunday, October 15, 2017 and ends at 11:59:59 PM ET on Sunday, October 22, 2017 or 4.59:59 AM BST on Monday, October 23, 2017 (the “Sweepstakes Period”).

SPONSOR: Tarte, Inc., 1375 Broadway, Suite 800, New York, NY 10018 (“tarte”)

ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States, including the District of Columbia, and Great Britain (for the avoidance of doubt this excludes Northern Ireland), who are age 21 or older at the time of entry. Void in Northern Ireland, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., outside Great Britain, and wherever else prohibited by law. Employees of Tarte, Inc (the “Sponsor”) Missguided Ltd, US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”), and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.

HOW TO ENTER: During the Sweepstakes Period, to enter the Sweepstakes, visit www.missguided.co.uk/competition/tarte-giveaway, www.missguidedus.com/competition/tarte-giveaway, or www.tartecosmetics.com/tartexmissguided and follow all entry instructions to complete the entry form, including your first name, email address and date of birth and submit it to receive one (1) entry into the Sweepstakes (the “Entry”). Entries must be received within the Sweepstakes Period.

All Entrants are subject to the Sponsors privacy policy found at http://tartecosmetics.com/privacy-policy.php and US residents, as well as residents of Great Britain that opt-in to receive communications from missguided, are subject to the missguided privacy policy found at https://www.missguidedus.com/privacy-policy/.

Limit: One (1) Entry per person regardless of whether entrant has more than one email address. Entries will not be acknowledged or returned.

PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS: There is one (1) Grand Prize available to be won. One (1) Grand Prize winner will receive a prize package consisting of:

  • Trip package for two (2) people, Grand Prize winner and one (1) guest to Maui, Hawaii. Trip package includes:
    • Round-trip, economy/coach-class air transportation for winner and one (1) guest to Maui, Hawaii from a major airport within the U.S. or Great Britain;
    • Five (5) days / four (4) nights in a single room with double occupancy in five-star hotel accommodation; and
    • Round-trip car transfers to/from destination airport and hotel in Hawaii.
  • One (1) $500 USD or £368, based on the winner’s country of residence, Pre-Paid Gift Card that may be used towards travel expenses and meals;
  • One (1) $500 USD or £368, based on the winner’s country of residence tarte Gift Card; and
  • One (1) $500 USD or £368, based on the winner’s country of residence, missguided voucher. Voucher amount based on the exchange rate as of 9/26/17 provided by XE Currency Converter.

The estimated ARV of Grand Prize: $11,250.00 USD. The ARV may vary based upon dates of travel and point of departure. The difference between the ARV and actual value of the Grand Prize will not be awarded. Trip must be taken by October 31, 2018 or the trip portion of the Grand Prize will be forfeited in its entirety.

Odds of winning will depend upon the total number of eligible entries received. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Prizes cannot be transferred, assigned, substituted, or redeemed for cash, except at Sponsors’ sole discretion. Sponsor reserve the right to substitute prize (or portion thereof) for one of comparable or greater value. All applicable federal, state or local taxes, as well as any other costs and expenses associated with prize acceptance not specified herein as being provided are the responsibility of the winner. All prize details are at the sole discretion of the Sponsor.

RANDOM DRAWING: Sponsor will determine in their sole discretion which entries are valid entries and whether the entries otherwise meet the eligibility requirements set forth in these Official Rules (“Eligible Entries”).The winner will be selected in a random drawing on or about Tuesday, October 24, 2017 from among all Eligible Entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final on all matters relating to this Sweepstakes.

WINNER NOTIFICATION & VERIFICATION: If the potential Grand Prize winner is a U.S. entrant, the potential Grand Prize winner will be notified via email and will be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, and where allowable, a Publicity Release (collectively, "the Releases"). Travel companion of winner will also be required to sign a Travel Companion Liability & Publicity Release. Non-compliance will result in disqualification and an alternate winner may be selected. If potential Grand Prize winner is a U.S. resident, he or she will be required to complete and return an IRS W9 Form and furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law. The Grand Prize package will be awarded within approximately 45 days after the winner is verified.

If the potential Grand Prize winner is a resident of Great Britain, the potential Grand Prize winner will be notified via email and will be required to confirm acceptance of the prize within seven (7) days of notification. By doing so, such potential Grand Prize winner will be confirming his/her eligibility, and his/her compliance with and acceptance of these Official Rules. Such potential Grand Prize winner will be required to provide reasonable cooperation to enable the Sponsor and its representatives to arrange and deliver the Grand Prize package, including by providing requested information in a timely manner. The Grand Prize package will be awarded within approximately 45 days after the winner is verified.

If a prize notification is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these rules that winner will be disqualified, and the Grand Prize may be awarded to an alternate winner in a separate random drawing.

Sponsor is not responsible for unsuccessful efforts to notify a winner, including, without limitation, by reason of any inaccurate information or transmission failure that results in the failure to identify or contact a potential winner.

If any provisions of the Official Rules are held to be invalid or unenforceable by a court of competent jurisdiction, all remaining provisions hereof will remain in full force and effect. Sponsor may disqualify any entrant who tampers with the entry process or operation of the Sweepstakes or who does not comply with these Official Rules.

PRIZE CONDITIONS: The Grand Prize is not redeemable for cash. The Grand Prize is neither assignable nor transferable. No substitution is permitted except if part or all of the Grand Prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of the Grand Prize or exchange or substitution of prizes will be given, except at the sole discretion of the Sponsor. Any other incidental expenses related to the Grand Prize not specified herein are the winner’s sole responsibility.

Additional travel related expenses, including but not limited to, ground transportation to and from home, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, additional hotel, resort or property fees, additional luggage fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases are the sole responsibility of prize winner. Winner and travel companion must travel on same itinerary. Winner and travel companion are responsible for having or obtaining the proper travel documentation (i.e. valid passport (or Photo ID if US resident) with a minimum validity 6 months after the date of return) and any other required documentation prior to travel. Travel is subject to availability. Trip must be booked 60 days in advance. Trip must be taken by October 31, 2018 or trip portion of Grand Prize will be forfeited in its entirety.

Sponsor will, in their sole discretion, determine which airport is closest to the Grand Prize winner’s home. In the event the Grand Prize winner’s residence is close enough to Maui, Hawaii such that air transportation is deemed by Sponsor in their sole discretion to be unnecessary, the Sponsor reserves the right to substitute round-trip ground transportation to/from the Grand Prize winner’s home in lieu of air transportation. The Grand Prize winner and his/her travel companion are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor have not and will not obtain or provide travel insurance or any other form of insurance.

Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). If Grand Prize winner elects to travel or partake in the Grand Prize with no travel companion, no additional compensation will be awarded. All hotel reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. If weather or other incident or conditions beyond the control of the Sponsor affect the ability for the Grand Prize winner and his/her travel companion to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or travel companion other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. If for any reason whatsoever, winner and/or travel companions are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the Grand Prize winner. Winner’s travel companion must be legal U.S. or Great Britain resident, 21 years or older, must have a valid passport (or Photo ID if US resident), visas and other relevant documentation and be able to travel to Hawaii, and if travel companion is a U.S. resident he/she may be required to complete and return a Travel Companion Liability & Publicity Release prior to travel.

LIMITATION OF LIABILITY:

In the event a Grand Prize winner or his/her travel companion engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, whole or in part, and send the Grand Prize winner and his/her travel companion home with no further obligation. In the event a Grand Prize winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by the Grand Prize winner as a result of such conduct.

By entering this Sweepstakes, all entrants agree to comply with these Official Rules. Winner agrees that (except where prohibited) Sponsor may use winner’s name, picture, likeness and voice for advertising and promotional purposes without further compensation or notification to or permission from such winner or any other third party.

By entering this Sweepstakes, entrants from the U.S. agree that Sponsor, and their promotional and advertising agencies, and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support of the Sweepstakes, affiliates, subsidiaries, advertising and promotion agencies, and prize suppliers, and each of their respective officers, directors, employees, representatives and agents, as well as each of their respective successors, representatives and assigns (collectively, “Released Parties”) shall have no liability and shall be held harmless for any damage, loss or liability to person or property, due in whole or part, directly or indirectly, by reason of the acceptance, use or misuse of the prize or participation in this Sweepstakes.

Sponsor and its advertising and promotion agencies are not responsible for lost, late, garbled, delayed, destroyed, inaccurate, misdirected or stolen entries or transmissions, or problems of any kind whether mechanical, human or electronic. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees. Sponsor reserves the right, in their sole discretion, to modify, cancel or suspend part or all of this Sweepstakes should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Sweepstakes. In such event, Sponsor may select potential winner[s] in a random drawing from all eligible, non-suspect entries received up to the date of cancellation or suspension.

Released Parties are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of entries which may damage a user’s computer or system or limit a entrant’s ability to participate in the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning the prize if, in its sole discretion, it determines that such entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, or threaten any other entrants or Sponsor representatives. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. CAUTION -- ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL AVAILABLE REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

EXCEPT IN RELATION TO ENTRANTS FROM GREAT BRITAIN, SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE. IN RESPECT OF ENTRANTS FROM GREAT BRITAIN, ENGLISH LAW DOES NOT ALLOW SPONSOR TO EXCLUDE OR LIMIT THEIR LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY THEIR NEGLIGENCE, OR (B) FRAUD OR FRAUDULENT MISREPRESENTATION.  IN RESPECT OF ENTRANTS FROM GREAT BRITAIN SPONSOR DOES NOT LIMIT OR EXCLUDE THEIR LIABILITY IN RESPECT OF SUCH MATTERS OR OTHER MATTERS FOR WHICH THEY CANNOT, UNDER ENGLISH LAW, EXCLUDE OR LIMIT THEIR LIABILITY.

Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates.

If applicable, the Grand Prize winner is responsible for all federal, state, local and income taxes associated with winning prize. If Grand Prize winner is a U.S. resident, he/she will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.

Except where prohibited by law, entry and acceptance of prize constitute permission to use the Grand Prize winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

GENERAL: Although subsequent attempts to enter may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate email address, will be disqualified.

Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Grand Prize.

In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsors’ satisfaction, that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes they sponsor any person it believes has intentionally violated these Official Rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

DISPUTES AND GOVERNING LAW: Except where prohibited, and except in relation to entrants who are ordinarily resident in Great Britain, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York. 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, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.

In relation to entrants who are ordinarily resident in Great Britain, notwithstanding any other provision of these Official Rules, these Official Rules and any dispute or claim arising in relation to them shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

PRIVACY: In order to administer the Sweepstakes, the Sweepstakes Administrator will process entrants’ personal data (e.g. their names, email addresses and dates of birth) acting on behalf of the Sponsor. The Sponsor may also process the entrants’ personal data in accordance with their respective privacy policies which can be found at the following addresses: http://tartecosmetics.com/privacy-policy.php and https://www.missguidedus.com/privacy-policy/.

In particular where the entrant has opted in to receiving marketing communications from the Sponsor, the Sponsor may send marketing communications to that entrant.

As Tarte Inc and the Sweepstakes Administrator are U.S. companies, entrants acknowledge and agree that their personal data will be processed in the U.S.

OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see www.missguided.co.uk/competition/tarte-giveaway, www.missguidedus.com/competition/tarte-giveaway, or www.tartecosmetics.com/tartexmissguided or send a self-addressed, stamped envelope by October 24, 2017, to: The tarte & missguided Sweepstakes Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.

WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after October 24, 2017), send a stamped, self-addressed envelope (no later than November 27, 2017), to: The tarte & missguided Sweepstakes Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.

Void outside the U.S. and Great Britain and wherever else prohibited by law.