NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THE SWEEPSTAKES SPONSOR TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE SWEEPSTAKES SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The Glossier Have Safe Sun T-Shirt Giveaway (the “Sweepstakes”) begins at 9:01 a.m. EST on May 26, 2017 (the “Sweepstakes Start Date”) and ends at 11:59 p.m. EST on May 28, 2017 (the “Sweepstakes End Date”, and such period referred to herein as the “Sweepstakes Period”). During the Sweepstakes Period, there will be two (2) sweepstakes (each a “Giveaway”), each of which begins on the Sweepstakes Start Date and ends on the Sweepstakes End Date. The Sweepstakes is sponsored by Glossier, Inc. (the “Sweepstakes Sponsor”). The Sweepstakes Sponsor’s computer is the official clock for the Sweepstakes. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement and acceptance of these Official Rules. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You are providing your information to the Sweepstakes Sponsor, and not to Instagram.
Prize: There will be two (2) winners that win a Glossier Have Safe Sun T-Shirt. The total ARV of all prizes is $40. Allow 4-6 weeks after validation of arrangement for receipt of prize. The actual number of prizes awarded is based on the number of eligible entries received. There is no substitution, cash equivalent or transfer of prizes allowed. The Sweepstakes Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. The Sweepstakes Sponsor is responsible only for prize delivery; not responsible for prize utility, quality or otherwise. In order to receive a prize, winners may be required to provide proof of identification or eligibility. All federal, state and local taxes, if any, are the responsibility of the winners.
Entries that are submitted in connection with the Sweepstakes will only be eligible if such entries do not contain content that is unlawful, hateful or obscene, in the Sweepstakes Sponsor’s sole discretion, and do not include any other identifiable individual other than the individual participant unless prior express consent is obtained from such individual. The Sweepstakes Sponsor will allow only those entries that meet all of these criteria, in the sole discretion of the Sweepstakes Sponsor, to be posted.
Selection of Winners: On or about May 30, 2017 (the “Drawing Date”), the Sweepstakes Sponsor will select the potential winner for each of the Giveaways. The winner for each Giveaway will be selected in a random drawing from all eligible entries for the applicable Giveaway received by the Sweepstakes End Date. The potential winners will be notified by Facebook Direct Message to the Facebook account that submitted the entry within thirty (30) days of the Drawing Date and will be asked to claim their prize via email. In the event a potential winner does not accept the prize within five (5) business days of such notice, a potential winner is ineligible, or the prize or prize notification is not deliverable, an alternate winner may be contacted. The Sweepstakes Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify potential winners. Each winner agrees to the use of his/her name, address (by reference only to the state, province, county or region), likeness, and/or prize information by Sweepstakes Sponsor and its affiliates for promotional purposes in any medium without additional permission or compensation to the extent permitted by law. Where lawful, the winners may be required to sign and return a Publicity Consent and Liability Release.
Conditions: The Sweepstakes Sponsor and Facebook and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim, to the fullest extent permitted by law) all liability arising from or relating to: (i) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, unintelligible or postage-due entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of the Sweepstakes Sponsor; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; or (vi) any printing or typographical errors in any materials associated with the Sweepstakes, including these Official Rules. The Sweepstakes Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Sweepstakes should any unauthorized human intervention or other causes beyond the Sweepstakes Sponsors’ control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In the event that proper administration of the Sweepstakes is prevented by such causes as contemplated above, the Sweepstakes Sponsor will select the winners from all eligible, non-suspect entries received prior to such occurrence. By participating in the Sweepstakes, participants and winners agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Sweepstakes, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the prize, and/or acceptance, possession, use or misuse of the prize, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity. This Sweepstakes shall be governed by New York law, without regard to its conflict of laws provisions.
Arbitration Agreement: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate. This section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Sweepstakes Sponsor, whether arising out of or relating to these Official Rules (including any alleged breach thereof), any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Official Rules, you and the Sweepstakes Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND THE SWEEPSTAKES SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE SWEEPSTAKES SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
c. Pre-Arbitration Dispute Resolution. The Sweepstakes Sponsor is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Sweepstakes Sponsor should be sent to Glossier, Inc., 123 Lafayette St., New York, NY 10013 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Sweepstakes Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Sweepstakes Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Sweepstakes Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Sweepstakes Sponsor is entitled.
d. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the Sweepstakes Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, the Sweepstakes Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, the Sweepstakes Sponsor will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, the Sweepstakes Sponsor will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Sweepstakes Sponsor will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Finally, if the value of the relief sought is $75,000 or less, the Sweepstakes Sponsor will pay reasonable attorneys’ fees should you prevail. The Sweepstakes Sponsor will not seek attorneys’ fees from you. But, if you initiate an arbitration in which you seek more than $75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability. Without limiting the severability provision in this section of the these Official Rules, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than paragraph b above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of paragraph b is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
h. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Official Rules to the contrary, the Sweepstakes Sponsor agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending the Sweepstakes Sponsor written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
Winners List: For the first name, last initial, city and state of the winners, please send a self-addressed stamped envelope marked “Glossier Gift Guide Giveaway” to the Sweepstakes Sponsor at the address below within ninety (90) days of the Sweepstakes End Date (residents of Vermont and Washington need not include return postage).
123 Lafayette St.
New York, NY 10013
Notice: The Sweepstakes Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Sweepstakes in violation of these Official Rules and/or criminal and/or civil law.
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