GIVEAWAY OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
THESE OFFICIAL RULES REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES.
INTERNET ACCESS IS REQUIRED. WINNERS MAY BE REQUIRED TO EXECUTE AND RETURN PRIZE ACCEPTANCE AND RELEASE DOCUMENTS, AS MORE FULLY DETAILED BELOW.
MINORS ARE NOT ALLOWED TO PARTICIPATE IN THIS GIVEWAWY. YOU MUST BE 18 OR OVER YEARS OLD.
Windsor and Tarte Cosmetics Giveaway (the "Giveaway") is created and sponsored by Tarte, Inc. with an address of 1375 Broadway, Suite 800, New York, NY 10018 and Windsor Fashions, LLC, with an address of 9603 John St., Santa Fe Springs, CA 90670. Tarte, Inc, ("Tarte") and Windsor Fashions, LLC ("Windsor") are each referred to individually as a “Sponsor” and collectively as the “Sponsors.”
This Giveaway is conducted on social medial platform, Instagram, except for the alternative method of entry discussed below.
Sponsors may terminate, extend, suspend or alter this Giveaway in their sole discretion.
The Giveaway will be announced via an Instagram post, (“Giveaway Posting”). A Giveaway Posting will include how to enter, the entry deadline, method of determining the winner), the prize(s)/value(s), and the eligibility requirements. All information contained in a Giveaway Posting is incorporated herein by reference.
Note: This Giveaway is not sponsored, endorsed or administered by INSTAGRAM, nor is INSTAGRAM associated with This Giveaway in any way. Tarte, Inc. and Windsor Fashions, LLC are not in any way acting as the agents of Instagram, nor is Instagram responsible for any acts undertaken by Tarte, Inc. and/or Windsor Fashions, LLC in this matter. Any questions, comments or complaints regarding this Giveaway must be directed to the Sponsor or Administrator, and not to INSTAGRAM.
- Entry: No purchase necessary to participate or win. A purchase will not improve one's chance of winning. Void where prohibited by the law of the state of the entrant. All federal, state, and local taxes may apply to any winnings. In order to participate in the promotion, You must have an account on Instagram on which the Giveaway is being conducted, unless You choose to enter using an alternative method of entry. Entries submitted contrary to the Giveaway rules will be deemed void. All entries must include the information requested by Sponsors to be eligible. Only one prize per person, email address or username will be allowed per Giveaway. In the event of a dispute as to any entry or the identity of an entrant, entries will be declared to be made by the authorized account holder and natural person assigned by an Internet access provider to the e-mail address associated with the entry, and he/she must comply with these Official Rules. Entrants may be required to show proof of being the authorized account holder. All entries must be received within the time period stated by Sponsors in the Giveaway Posting to be eligible to win a prize. Late and/or subsequent entries not be eligible. Entries from one Giveaway will not be included in other giveaways. Entries generated by script, macro or other automated means, or by any means which subvert the entry process are void. All entries become the property of a Sponsor on whose social media account the entry was made and will not be acknowledged or returned.
- Entry Period: The Giveaway will run starting at 12:00 p.m. Pacific Time, July 16, 2022 and ending 11:59 p.m. Pacific Time, July __17th__, 2022 (the "Giveaway Period"). The timestamp generated by Instagram shall be the official time-keeping device for the Giveaway.
- How to Enter: All Entries shall be submitted through Instagram, except as discussed below. Instagram accounts are subject to the Instagram terms and conditions. Instagram account must not be set to "private". In order to enter, complete the following steps ("Entry"):
- Follow @tartecosmetics & @windsorstore on Instagram
- Like the post on both accounts with the Giveaway announcement during the Giveaway Period ("Post").
- Tag a friend.
Each original comment will constitute one (1) Entry. To enter more than one comment, repeat step number 1 and 3. Each eligible participant may submit an unlimited number of Entries under any of the Sponsors' Posts.
Alternatively, you can also submit your entry via the free phone number (888) 494-6376. You will be required to leave your full name, address, including the state of residence and/or email address and a phone number in order for Windsor to contact you regarding the Giveaway.
- Eligibility: The Giveaway is open only to residents of the contiguous United States and the District of Columbia who are at least eighteen (18) years of age or older as of the date of entry. If a participant has not reached the age of majority in his/her primary state of residence as of the date of entry into the Giveaway (which is eighteen (18) years old in most states but is nineteen (19) years old in Alabama and Nebraska and twenty-one (21) years old in Mississippi) (a “Minor), then the participant must obtain parental consent in order to be eligible to enter the Giveaway. Parental consent occurs when the parent or legal guardian of a Minor grants permission for the Minor to participate and agrees on behalf of himself/herself and the Minor to these Official Rules. It is strictly prohibited for anyone who does not meet the age requirement as of the date of entry to be allowed to participate in the Giveaway and in no situation shall anyone under the age of eighteen (18) be permitted to enter any promotion at any time, under any circumstances. The entries shall be deemed Void when made by individuals residing outside the United States or where prohibited by law. Employees, contractors, directors and officers of the Sponsors and their respective parent, subsidiary and affiliated companies, distributors, brokers and licensees, and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of the Giveaway (collectively, “Giveaway Parties”), and their immediate family members (parent, child, sibling and spouse of each) and those living in the same households of each are not eligible to enter or win. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited or restricted by law.
- Requirements of Entry All photos and video entries must be original, unpublished, and the sole property of the entrant. Photos and/or videos can be submitted in black & white or in color. Any photo, video or written description which Sponsors, in their sole opinion, deem to be inappropriate for publication will not be considered and the corresponding Participant will be disqualified. By submitting an entry, each Participant represents and warrants that: (i) his/her photo, video and/or words are the sole and original creation of the Participant and has not been copied in whole or in part from any other work; (ii) the entry does not violate or infringe any copyright, trademark/trade name, or other proprietary right of any person (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity; (iii) the entry is the sole and exclusive property of the Participant; and (iv) the subject(s) and/or persons depicted in an image have given consent to its submission into the Giveaway and use as contemplated by these Official Rules; (v) Any person displayed in the submission has provided his or her written permission to have the image submitted and used in the contest and for any related purpose, including PR and/or Advertising and use on Tarte, Inc.'s and Windsor Fashions, LLC's websites, Facebook, TikTok, Instagram, YouTube and Pinterest pages. Image or video submissions that contain depictions of other third party artistic works, other company's products, copyrights, trademarks/trade names, logos, or similar brand identifying marks will not be permitted. By entering, each participant warrants and represents that entry is his/her own original work, has not been previously published, that Participant owns or otherwise controls all of the rights to entry materials and each Participant unconditionally assigns and transfers to Sponsor all rights, title, interest and claim, which it now has or may in the future have to the entries or any element(s) thereof.
- Each Sponsor in its sole discretion may make any and all decisions concerning whether a submission will be used or not for any purpose and concerning whether it is suitable for a prize. Submission of an entry is no assurance of winning any prize or receiving any benefit. Each Sponsor in making the decisions concerning submission eligibility is completely free to make whatever decisions it deems appropriate. In submitting, the submitting party agrees to be bound by each Sponsor's decisions and will not challenge the decisions made by any of the Sponsors.
It is understood and agreed that each Sponsor will bear no liability for any decision regarding the selection or non-selection of someone as a winner.
- Restrictions: The following submissions will not be given any consideration and run contrary to the rules of the Giveaway:
- Crude, vulgar, offensive or violent words or imagery;
- Explicit sexual words or imagery or unduly romantic interludes;
- Illegal drug or alcohol words or imagery;
- Unauthorized trademarks and copyrighted material;
- Social security numbers, phone numbers, personal addresses or any personal, identifiable information; Website or web page links;
- Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others;
- Trespass or the violation of other people's rights or property;
- Illegal (e.g., discriminatory, harassing) or inappropriate imagery,
- Conduct or activities in violation of these Official Rules;
- Any other content that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion;
- Any other products (non Tarte, Inc. and/or non Windsor's products) of any kind, or any promotion for any commercial enterprise or service;
- Images of animals;
- Any photograph of any person used without his or her permission;
- Any picture of any person, or any statements of any person other than the submitting party who has not given written consent to the submission;
- Images of celebrities or television or movie programs;
- Unduly provocative, x-rated, burlesque or campy sexual entries;
- Political slogans, or social slogans
- New media references or advertisements.
- Posting of an entry is not an indication that the entry has won a prize or is otherwise eligible for a prize. Submission of an entry grants Sponsors the right to use, publish, adapt, edit and/or modify such entry in any way, in whole or in part, and to use such entry alone or in combination with other works, as solely determined by Sponsors, in commerce and trade and in any and all media now known or hereafter discovered, worldwide, including but not limited to the Sponsors' Facebook, Twitter, YouTube, Instagram, TikTok and Pinterest pages and Sponsors’ websites, without limitation or compensation to the Participant and without right of notice, review or approval of any such use of the entry in perpetuity. Submission of an entry further constitutes the Participant's consent to irrevocably assign and transfer to the Sponsors any and all rights, title and interest in and to the entry, including but not limited to all intellectual property rights. By entering, each Participant further warrants and represents that he/she has received all rights which may be necessary from any person or entity depicted in the image to grant this assignment and transfer of rights. Prior to awarding any prize, the Participant must agree to the terms of these Official Rules and to sign and return any required Affidavit, Liability and Publicity Releases.
- Selection and Chance: Potential winner for the Giveaway will be selected at random by the Sponsors from among all eligible entries received for the Giveaway on July _17th__, 2022 as set forth in the Giveaway Posting. All entries deemed to meet the requirements as defined by Giveaway Posting are eligible to win a prize. Winners will be announced via comment on the Post by the Sponsors' accounts and via DM by respective Sponsor ("Notification"). Each winner must respond to the Notification within forty-eight (48) hours of its posting by direct messaging a Sponsor on Sponsor's Instagram page depending where the Entry was made, with the winner's full legal name, home, and email addresses. Odds of winning a the Giveaway will depend on the number of eligible entries received for this Giveaway.
- Prizes: Each Sponsor will select one Winner from the entries submitted under Sponsor's Post on its Instagram Page.There shall be two (2) Prizes, for each Winner. The prize for the Winner is a Tarte Cosmetics Product Box ($250.00 value) and $250.00 gift card to Windsor stores, Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied. Prizes may not be substituted, transferred, assigned or redeemed for cash except at Sponsor's sole discretion. Each Sponsor reserves the right, in its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Prize includes only what is specified in the prize description. Each Winner may be required to submit IRS W-9 form.
Prize will be delivered once winner has been verified. LIMIT ONE PRIZE PER PERSON/EMAIL ADDRESS. If prize is unclaimed, if any prize correspondence or prize is returned as undeliverable, or if a winner is found ineligible or not in compliance with these Official Rules, the prize will be forfeited and an alternate winner may be selected, at Sponsor's option. If prize, or any portion thereof, cannot be awarded for any reason, Sponsors reserve the right to substitute a prize of equal or greater value. All federal, state and local taxes, and all other costs associated with acceptance or use of the prizes, are the sole responsibility of the winners. Any participant can only win a maximum of one prize regardless of the number of submissions.
- Conditions: Sponsors assume no responsibility for lost, late, misdirected, stolen, illegible, inaccurate, damaged or incomplete entries or submissions, non-delivered or postage due mail, failure or unavailability of electronic equipment, communications or internet connections, or other errors, failures or malfunctions of any kind. Any issues with mails, electronic connections, or any services of third parties, are not the responsibility of the Sponsors.
Entries by automatic, programmed or like methods will be disqualified. Improper or incomplete entries will be disqualified. All entries become the property of the Sponsors and will not be returned. Prizes will be awarded only to an address within the contiguous U.S. By participating, Participants agree to be bound by these Official Rules and the decisions of the Sponsors which are final. If, in Sponsor's sole opinion, the Giveaway is not capable of running as planned, including as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway, the Sponsors reserve the right to modify or terminate the Giveaway in a manner deemed reasonable by the Sponsors, at the Sponsor's sole discretion. Sponsors reserve the right to disqualify any individual who tampers with the entry process or the Tarte, Inc. or Windsor Fashions, LLC, Facebook, Instagram, Twitter, YouTube, Tiktok and Pinterest pages, Tarte’s and/or Windsor's websites or acts in a disruptive manner. This Giveaway is offered only in the U.S. and is governed by the laws of the state of California. By entering, Participants consent that any and all legal actions or claims arising in connection with this Promotion must be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held in its offices in the County of Los Angeles, State of California.
Further each Sponsor is given sole discretion as to what context, if any, a submission is used. It may, for example, use part of a submission, or combine submissions.
- Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL WINDSOR FASHIONS, LLC OR TARTE, INC. AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AEGENCIES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSOTS, ASSIGNS, EMPLOYEES, OFFICERS, DIRECTORS BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM ANY ASPECT OF THE RELATIONSHIP PROVIDED FOR HEREIN. EXCEPT AS PROVIDED HEREIN, SPONSORS MAKE NO REPRESENTATIONS, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
- Release: By accepting a prize, winner grants permission to each Sponsor and its agents to use his/her name, profile picture image, voice and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without additional compensation. By submitting the entry, the party submitting the entry abandons, releases, and forever disclaims any right to control the usage of the submitted materials; it is an express condition of participation in this contest that all rights without exception in submitted materials are released. This disclaimer and waiver applies regardless of whether the submitting party receives any prize and applies also to all people represented in the submission. Furthermore, by entering the Giveaway, each Participant agrees to hold harmless Sponsors and their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the "Sponsor Parties") from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such participant's participation in the Giveaway and/or her acceptance, possession, use, or misuse of any Prize or any portion thereof, (ii) technical failures of any kind, including but not limited any loss or damage to any Entry, (iii) the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (v) unauthorized human intervention in any part of the entry process or the Giveaway; (vi) electronic or human error which may occur in the administration of the Giveaway or the processing of Entries; (vii) any defect of the Prize, known or unknown; (viii) any product warranty, express or implied to the maximum extent allowed by law. Some jurisdictions may not permit certain liability limitations or waivers. If any court determines the law of such a jurisdiction applies, our liability shall be limited to the greatest extent permitted by law.
- General Terms and Conditions: All federal, state, and local laws and regulations apply, and the Giveaway is void where prohibited. Caution: Any attempt by a person to deliberately damage any Web site or undermine the legitimate operation of the Giveaway is a violation of criminal and civil laws and should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent of the law. Sponsors are not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway, or in the announcement of the Prize. Sponsors shall not be responsible for retaining copies of any entries or submission. These Giveaway Rules set forth the entire agreement and understanding between Sponsors and Participant concerning the subject matter hereof and merges and supersedes all prior discussions, agreements, and understandings of any kind between them. Notwithstanding anything contained herein to the contrary, Sponsors reserve the right, in their sole discretion, at any future time to terminate, modify, or suspend the Giveaway for any reason, in Sponsors' sole discretion. Participant shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Sponsors' failure to enforce any provision of these Giveaway Rules shall not constitute a waiver of any provision contained herein. If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The titles of Sections of these Giveaway Rules are for convenience only and shall not be given any legal effect. The word "including" is used in these Giveaway Rules to mean "including but not limited to."
- Sponsors: Tarte, Inc. New York, New York, and Windsor Fashions, LLC, Santa Fe Springs, California.
- Administrator: Tarte, Inc. and Windsor Fashions, LLC.