THE SUGAR RUSH X HOLLISTER “PRETTY SWEET” GIVEAWAY
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING ANY PRIZE DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED.
MINORS MUST HAVE PERMISSION FROM THEIR PARENT OR LEGAL GUARDIAN IN ORDER TO ENTER. PRIZE WILL BE AWARDED IN THE NAME OF A MINOR’S PARENT OR LEGAL GUARDIAN.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
SWEEPSTAKES ENTRY PERIOD: The Sugar Rush x Hollister “Pretty Sweet” Giveaway (the “Sweepstakes”) begins at 9:00:00 AM Eastern Time (“ET”) on Saturday, October 5, 2019 and ends at 11:59:59 PM ET on Friday, October 25, 2019 (the “Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia, age 14 or older at the time of entry. Void in Puerto Rico, Guam, U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Tarte, Inc. and Abercrombie & Fitch Stores Inc. (the "Sponsors"), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”), and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members 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, visit https://tartecosmetics.com/en_US/pretty-sweet-giveaway/ or https://www.hollisterco.com/shop/us/br/pretty-sweet-giveaway (the “Sweepstakes Websites”) and follow all entry instructions to complete the entry form and submit to receive one (1) entry into the Sweepstakes (the “Entry”).
Entries must be received between Saturday, October 5, 2019 at 9:00:00 AM ET and Friday, October 25, 2019 at 11:59:59 PM ET. By entering you are agreeing to receive marketing and promotional emails from Tarte, Inc. and Hollister Co. at the email address you provide. You can unsubscribe at any time. Entrants are subject to all notices posted online, including but not limited to, the Sponsors’ Privacy Policies, which can be found at https://tartecosmetics.com/en_US/customer-service/privacy-security/privacy.html and https://www.hollisterco.com/shop/CustomerService?pageName=privacy&storeId=10251&textKey=LEGAL_PRIVACY_POLICY&catalogId=10201&langId=-1. If you are under 14 years of age, you are prohibited from entering the Sweepstakes or submitting any information through the Sweepstakes Websites. If you are a minor (as defined by your state of primary residence), you must have your parent or legal guardian’s permission to enter.
Limit: One (1) Entry per person regardless of the method of entry or whether entrant has more than one email address. All entries become the property of the Sponsor and 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:
- One (1) New Sugar Rush Collection Must-Haves Prize Pack. Individual Approximate Retail Value (“ARV”): $200;
- One (1) Limited Edition Anti-Bully T-Shirt. Individual ARV: $24.95;
- One (1) $500 Tarte.com Gift Card. Individual ARV: $500; and
- Ten (10) $50 Hollister Co. Gift Cards. Individual ARV: $50.
The ARV of Grand Prize is: $1,224.95. Odds of winning will depend upon the total number of eligible entries received.
RANDOM DRAWING: The winner will be selected in a random drawing on or about Monday, October 28, 2019 (actual date of drawing subject to change) from among all eligible entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsors whose decisions are final.
WINNER NOTIFICATION & VERIFICATION: The potential Grand Prize winner will be notified via email and/or phone, and will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release, and any other documentation deemed necessary by Sponsors or Sweepstakes Administrator (collectively, "the Releases"). These Releases will require the Grand Prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected.
If a winner is otherwise eligible under these Official Rules, but is deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Releases and any other required documentation on the minor’s behalf, as applicable.
PRIZE CONDITIONS: Prizes are not redeemable for cash. Prizes are not assignable or transferable. No substitution is permitted except if a prize is unavailable, in which case a substitute prize of equal or greater value will be awarded. Substitute prizes will be determined at the sole discretion of Sponsors. Winner may not receive cash in lieu of prizes or exchange or substitute prizes, except at the sole discretion of the Sponsors. Any other incidental expenses on prize not specified herein are the winner’s (or winner’s parent or legal guardian if winner is a minor as defined by his/her state of primary residence) sole responsibility.
Gift cards are not redeemable for cash and will not be replaced if lost or stolen. The use or redemption of all prizes are subject to the issuing company’s complete terms and conditions, including expiration dates.
All prizes given away are "as is" with no warranty, representation or guarantee relative to the prize, express or implied by Sponsors.
If a prize notification or prize is returned as undeliverable, if a winner fails to claim the prize, if a winner cannot or will not accept or receive the prize for any reason, if a winner fails to provide the required information or fill out the required forms, or if a winner is found to be ineligible or not in compliance with these rules, that winner will be disqualified and the prize may be awarded to an alternate winner in a separate random drawing. Only two (2) alternate winners may be determined through this process, after which the prize will remain un-awarded.
Winner (or winner’s parent or legal guardian if winner is a minor as defined by the state of primary residence) is responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winner will be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law. Except where prohibited by law, entry and acceptance of prize constitute permission to use 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 (and entrant’s parent or legal guardian if entrant is a minor as defined by his/her state of primary residence) agree to these Official Rules and the decisions of the Sponsors and the Sweepstakes Administrator, and release the Sponsors, 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 (or winner’s parent or legal guardian if winner is a minor as defined by his/her state of primary residence) 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. Sponsors are not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. Nothing contained herein or in any of the Sweepstakes related materials should be construed as an endorsement by Sponsors of any third party, product, or service.
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 Sponsors with proof 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 Sponsors 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 (a) agree to be bound by these official rules, including all eligibility requirements, and (b) agree to be bound by the decisions of Sponsors 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. Sponsors reserve the right to: (1) permanently disqualify from any Sweepstakes any person the Sponsors believe has intentionally violated these official rules; and (2) 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 Sponsors which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsors reserve the right at their sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsors 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 SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsors or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such part will be modified by such court to the minimum extent necessary to make it enforceable while preserving to the maximum extent possible the original intent of and the remaining parts of these Official Rules will remain in full force and effect. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.
BY ENTERING THE SWEEPSTAKES, ENTRANT (AND ENTRANT’S PARENT OR LEGAL GUARDIAN IF ENTRANT IS A MINOR AS DEFINED BY HIS/HER STATE OF PRIMARY RESIDENCE) AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York, New York. Sponsor agree to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
PRIVACY: Personal information collected from entrants is subject to the Sponsors’ Privacy Policies, which can be found at https://tartecosmetics.com/en_US/customer-service/privacy-security/privacy.html and https://www.hollisterco.com/shop/CustomerService?pageName=privacy&storeId=10251&textKey=LEGAL_PRIVACY_POLICY&catalogId=10201&langId=-1.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope by October 28, 2019, to: The Sugar Rush x Hollister Pretty Sweet Giveaway Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after October 28, 2019), send a stamped, self-addressed envelope (no later November 29, 2019), to: The Sugar Rush x Hollister Pretty Sweet Giveaway Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
For a winner list, visit https://www.hollisterco.com/hol/media/legalText/HCoContestsWinnersList.html. The winner list will be posted after all winner confirmations are complete on Hollister Co.’s website.
SPONSORS: Tarte, Inc., 1375 Broadway, Suite 800, New York, NY 10018 and Abercrombie & Fitch Stores, Inc., 6301 Fitch Path, New Albany, OH 43054.
SWEEPSTAKES ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044
Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S. and wherever else prohibited by law.