The "Glossier Dallas Gift Card Giveaway" Sweepstakes

OFFICIAL RULES


NO PURCHASE NECESSARY.  A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.  OPEN TO LEGAL RESIDENTS OF CANADA, EXCLUDING QUEBEC, THE UNITED KINGDOM, OR THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA. WINNER MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FIVE (5) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION, AS MORE FULLY DETAILED BELOW. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES


SPONSORS: The sponsor of the Sweepstakes is Glossier, Inc., located at 233 Spring Street, New York, NY 10013 (“Sponsor”). 


SWEEPSTAKES DESCRIPTION AND TIMING:  The "Glossier Dallas Gift Card Giveaway" Sweepstakes (the “Sweepstakes”) begins on October 24, 2024 at 10:00 a.m. Eastern Daylight Time (“EDT”)  and ends on October 27, 2022 at 10:00 a.m. EDT (the “Sweepstakes Period”).  At the end of the Sweepstakes Period,  a random drawing will be conducted to five (5) winners of a Grand Prize from among all eligible entries received during the Sweepstakes Period, as set forth more fully below.  Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor[s] which shall be final and binding in all respects.  Void where prohibited by law. Sponsor’s designated computer shall be the official time keeping device for the Sweepstakes.


ELIGIBILITY:  The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age as of the date of entry.  Employees of Sponsor and its parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies, including the administrator of this Sweepstakes if any (all such individuals and entities collectively referred to herein as the “Sweepstakes Entities”), and the immediate family members (spouses, parents, children and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win. All federal, provincial, territorial, state and local laws and regulations apply. 


HOW TO ENTER:  There is NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY to participate in the Sweepstakes.  A purchase does not improve your chance of winning.


To enter, guests will be asked to submit their email on the landing page accessible through the displayed QR code. All entry information and posts shall be collectively referred to herein as the “Submissions” or each as a “Submission.”  Submissions must comply with the Guidelines and Restrictions defined below.    


ODDS: Odds of winning a prize are dependent upon the number of entries received during the Sweepstakes Period.  


WINNER SELECTION AND NOTIFICATION:  At the end of the Sweepstakes Period, the five (5) winners will be randomly selected in a drawing from all eligible entries received throughout the Sweepstakes Period.  The drawing will be conducted by Sponsor or its third party administrator, using randomization methods selected by Sponsor or its third party administrator in its sole discretion.  Odds of winning a prize are dependent upon the number of eligible entries received during the Sweepstakes Period.  The potential winner(s) will be notified via Direct Message.  Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason outside the control of the Sponsor.  


Before a selected entrant will be deemed a winner, upon request by Sponsor, he or she must (i) execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release and/or any other legal documents that Sponsor may require (collectively, “Prize Claim Documents”) within five (5) days from the date Sponsor notifies selected entrant and sends the Prize Claim Documents to the selected entrant, or the selected entrant will be subject to disqualification; (ii) be in full compliance with these Official Rules; (iii) if required by Sponsor, provide proof of identity; and (iv) if applicable, the winner’s guest must sign and return a travel release or any other legal document that Sponsor may require within five (5) days of its receipt. 


If a selected entrant does not respond within 5 days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such selected entrant, such selected entrant will forfeit his or her prize and an alternate selected entrant may be selected.  Sponsor may successively attempt to contact up to two (2) selected entrant(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, such prize may go unawarded. If the selected entrant is from Canada, in addition to the other winner confirmation requirements set out in above, to be confirmed a winner, the selected entrant must correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill testing question to be administered by phone at a mutually convenient time or within the Prize Claim Document. 



PRIZES:  There are five (5) Grand Prizes available.  Each Grand Prize is a $100 Glossier Gift Card.


No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.  Applicable portions of prize will be delivered only to an address in the countries where this Sweepstakes is offered.  


The total ARV of all prizes is $500 USD .


GENERAL PRIZE CONDITIONS:  Prizes will be awarded only if the/each selected entrant fully complies with these Official Rules.  All portions of the prize(s) are non-assignable and non-transferable.  Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only.  Actual prize(s) may vary from the prize(s) pictured.  All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion, and made available to entrants in advance.  No cash alternative or substitution of the prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.  The/Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. 


Sponsor makes no guarantees, conditions, representations, or warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes.  BY PARTICIPATING, ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, INSTAGRAM, AND THEIR ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, FRANCHISEES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS, FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. IF YOU ARE RESIDENT IN THE UNITED KINGDOM, THEN NOTHING IN THESE OFFICIAL TERMS LIMITS OR EXCLUDES THE LIABILITY OF THE FOREGOING FOR FRAUD, OR FOR PERSONAL INJURY OR DEATH TO THE EXTENT IT RESULTS FROM THEIR NEGLIGENCE. 


GENERAL LIABILITY RELEASE/FORCE MAJEURE:  By participating in the Sweepstakes, entrants agree to be bound by these Official Rules, the privacy policy of Sponsor located at https://www.glossier.com/privacy-policy, and the decisions of the Sponsors, in accordance with the foregoing.  Acceptance of a Prize constitutes permission for the Sweepstakes Entities to use that winner’s name and/or likeness, biographical information, and/or Submission for purposes of advertising and trade and on the winner’s list without further compensation, unless prohibited by law.  By submitting an entry, you warrant that all of the information provided as part of your Submission is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity) and otherwise does not violate applicable law.  To the widest extent permitted by law, entrants agree that the Sweepstakes Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury (including from COVID-19 or its variants), due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity (this exclusion does not apply to entrants in the United Kingdom where such personal injury or death results from the negligence of the Sweepstakes Entities), or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  


The Sweepstakes Entities assume no responsibility for any damage to an entrant’s, or any other person's, computer system which is occasioned by accessing the Sweepstakes Site or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature (however, if you are in the United Kingdom, and the Sweepstakes Entities supply you with digital content which causes damage to a device or other digital content which belongs to you, and this is a result of a failure to exercise reasonable care and skill, you may request that the relevant Sweepstakes Entities repair the damage or compensate you).  Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Sponsor has the right in their sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Sweepstakes Site, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  


Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein.  In the event an insufficient number of eligible Submissions are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond their control, including but not limited to fire, flood, natural or man-made epidemic of health of other means (including from COVID-19 or its variants), earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes.  If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  Only the type and quantity of prizes described in these Official Rules will be awarded.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s).  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by duly authorized representatives of Sponsor.  The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.


GOVERNING LAW/JURISDICTION:  ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH (a) FOR RESIDENTS OF THE UNITED STATES: THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. IF YOU ARE BASED ELSEWHERE, THEN THESE RULES DO NOT AFFECT YOU, AND ARE SUBJECT TO, YOUR LOCAL MANDATORY RIGHTS AS A CONSUMER AND (b) FOR RESIDENTS OF CANADA, THE LAWS OF THE PROVINCE OF ONTARIO AND THE APPLICABLE FEDERAL LAWS OF CANADA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF THE LAW OF ANY OTHER PROVINCE OR TERRITORY.


ARBITRATION PROVISION (does not apply to residents of the UK): By participating in this Sweepstakes, each entrant agrees that to the extent permitted by applicable law: (1)  any and all disputes the entrant may have with, or claims entrant may have against, the Sweepstakes Entities relating to, arising out of or connected in any way with the Sweepstakes, the awarding or redemption of any prize, and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in New York, New York; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or the applicable Sweepstakes Entities’ individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7)  the arbitrator shall not have the power to award punitive damages against the participant or any Sweepstakes Entity.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.  If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.  If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor any Sweepstakes Entity shall be entitled to arbitrate their dispute. Notwithstanding the foregoing, Sponsor may bring any emergency dispute that requires immediate injunctive relief to a federal or state court in New York. 


Use of Data.  Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review Sponsor’s privacy policy https://www.glossier.com/privacy-policy.  By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.


WINNERS LIST/OFFICIAL RULES:  To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “Glossier Dallas Gift Card Giveaway Sweepstakes”, to 233 Spring Street, New York, NY 10013 Attn: Hannah Davis/Kiki Donaldson. Vermont residents may omit return postage.


DISCLAIMER:  This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.  You understand that by entering this Sweepstakes, you are providing information to Sponsors and not to Instagram. 


CA Residents: The Sweepstakes may be considered a “financial incentive” under California law. By enrolling in this Sweepstakes, you agree to our Notice of Financial Incentive.