1. NO PURCHASE IS NECESSARY TO ENTER THIS CONTEST!
2. Introduction The "Covergirl Lashblast Fusion Mascara Giveaway #10"
Sweepstakes (referred to herein as "The Sweepstakes") is run by Hillside Holdings
on MyContestSite.com (referred to herein as "Sponsor") and may be offered in conjunction
with multiple companies ("Partners"). The Sweepstakes is offered to legal residents
of the United States (excluding Puerto Rico) and Canada (excluding Quebec) who are
at least eighteen (18) years old. Subject to all applicable federal, state, and
local laws and regulations. Void where prohibited or restricted by law or regulation.
Participation constitutes entrant's full and unconditional agreement to these Official
Rules and Sponsor's decisions, which are final and binding in all matters related
to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements
set forth herein.
3. Sweepstake Period The Sweepstakes begins
on 5/25/2010 2:00:00 PM (Eastern -4) at which time entries will be accepted until 6/4/2010 9:00:00 PM (Eastern -4) (the "Sweepstakes
Period"). All entries must be received during the Sweepstakes Period. One (1) winner
will be drawn shortly after 6/4/2010 9:00:00 PM (Eastern -4).
4. Eligibility The Sweepstakes is only open
to legal residents of the United States who are eighteen (18) years of age or older
at the time of entry. Employees, officers and directors of Sponsor or Partners,
their immediate families (spouses, parents, grandparents, children, siblings, civil
union partners) and household members of such employees, officers and directors
are not eligible.
a. Entrant must have an active Twitter.com
account (defined as an account that has followers and is following other Twitter.com
accounts, sends unautomated tweets out on a regular basis and abides by the Twitter.com
Terms of Service) and grant Sponsor's Twitter.com application OAuth access (defined
as being allowed to perform all actions that are available through the Twitter.com
OAuth API on entrants behalf) to their account. Only one Twitter.com account per
entrant may be used to participate in The Sweepstakes. Multiple entrants are not
permitted to share the same Twitter.com account.
b. Entrant must participate in The Sweepstakes
manually. No scripts, "bots" or other automated processes are allowed to create
an entry into The Sweepstakes. Any entry that is created using such a process will
be considered invalid.
c. Entrant must use a modern browser with
5. Compliance By participating, entrant
agrees to abide by these Official Rules, and the decisions of Sponsor, which are
final and binding in all respects.
6. How to Enter
b. Subsequent Entry Each entrant is assigned
a special URL assigned to their Initial Entry ("Entrant URL"). Any new person creating
a valid Initial Entry through Entrant URL will also give entrant an extra entry
into The Sweepstakes.
c. Overall Entries All entries into The
Sweepstakes are limited to the first ten (10) entries.
a. Selection One (1) winner will be randomly
selected by Sponsor in a drawing from all eligible and valid entries received. Odds
of winning depend on the number of entries received. Winner's Twitter.com username
will be announced within seven (7) days of the drawing by sending a public announcement
message along with a "reply" to Winner's Twitter.com username from Sponsor's Twitter.com
account MyContestSite. Winner can claim prize by going to the URL included in the
announcement message and following instructions on that page. If a Canadian resident
wins a prize, that person must also correctly answer a mathematical skill-testing
question without the benefit of any human, mechanical or electronic calculating
devices within a 5 minute time period before the prize will be awarded.
b. Claim Process To claim prize Winner may
be required to show proof of being the authorized account holder as well as complete
an affidavit of eligibility, and a liability and publicity release. Winner will
have seven (7) days from the time of announcement to claim prize. If Winner does
not accept prize, fails to claim prize or fails to meet any eligibility requirement
herein, an alternate winner will be chosen using the same process and will have
to meet the same requirements.
8. Publicity Release Except where prohibited,
participation in the Sweepstakes constitutes winner's consent to Sponsor's use of
winners' names, likenesses, photographs, voices, biographical data and public Twitter.com
account information for any purpose, in any media, unless prohibited by law.
9. Limitations of Liability BY RECEIVING
ANY PRIZE, WINNER RELEASES, INDEMNIFIES AND HOLDS HARMLESS SPONSOR AND PARTNERS,
THEIR RESPECTIVE PARENTS, AFFILIATED, SUBSIDIARIES AND SUCCESSOR COMPANIES, AND
ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, ADVERTISING
AGENCIES AND PROMOTIONAL SPONSORS (THE "RELEASED ENTITIES") FROM AND AGAINST ANY
AND ALL DAMAGES, HARM, EXPENSE, LIABILITY OR INJURY THAT MAY BE SUSTAINED RELATING
TO OR ARISING FROM PARTICIPATION IN THE SWEEPSTAKES OR ACCEPTANCE OR USE OF THE
10. Prize One (1) winner will receive Covergirl® Lashblast Fusion Mascara.
There are no other prizes. The prize is non-transferable. There may be no substitutions
of prize by winner. However, Sponsor reserves the right to substitute with cash
prize of $10 (US) or similar prizes of equal or greater value in the event
the above prize is unavailable for any reason. Winner is solely responsible for
all applicable transfer fees as well as federal, state and local taxes with respect
to entire prize. Cash prizes will be paid via PayPal.com to a PayPal account the
winner controls. No other payment method will be made for cash prizes.
11. Unforeseen Events Sponsor reserves the
right to change The Sweepstakes at its sole discretion at any time that Sponsor
become aware of any circumstances or occurrence which would materially affect The
Sweepstakes security or fairness. Sponsor reserves the right to announce any rules
changes to The Sweepstakes.
12. Entry Responsibility Released Entities
shall not be responsible for any incorrect or inaccurate information, whether caused
by entrants or by any of the equipment or programming associated with or utilized
in the Sweepstakes; lost, stolen or late entries; for unauthorized access to entries;
or for any human error, technical failures of any kind, including, but not limited
to interruptions, malfunction, delay in operation or transmission, lost data, omission,
interruption, deletion, defect, communications line failure, computer equipment,
software, inability to access any web site or online service, or any other error
or malfunction, unauthorized human intervention in any part of the entry process
or the Sweepstakes; or other technical or human error which may occur in the administration
of the Sweepstakes or the processing of entries, or any injury or damage to persons
or property which may be caused, directly or indirectly, in whole or in part, from
entrant's participation in the Sweepstakes. Proof of submitting an entry will not
be deemed to be proof of receipt by Sponsor.
13. Interpretation Sponsor is entitled to
interpret these rules as needed including but not limited to rules regarding Sweepstakes
Period, selection of winner, entry, eligibility and restrictions on the prize. All
decisions of Sponsor are final. By entering The Sweepstakes you agree to these conditions.
15. Disputes Entrant agrees that
a. Except to the extent applicable law,
if any, provides otherwise, this Agreement and the Contest will be governed by the
laws of the state of California, U.S.A., excluding its conflict of law provisions,
and the proper venue for any disputes arising out of or relating to any of the same
will be alternative dispute resolution in Los Angeles County, California. ENTRANT
WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE AND HEREBY SUBMITS TO THE
JURISDICTION AND DISPUTE RESOLUTION STATED HEREIN.
b. Any and all disputes, causes of action
connected with or arising out of this Sweepstakes or any prizes awarded, shall be
resolved individually, without resort to any form of class action, and exclusively
settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration
and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance
with such Rules. The arbitration shall take place in Los Angeles California, in
the English language and the arbitral decision may be enforced in any court.
c. Any and all claims, judgments and awards
shall be limited to actual out-of-pocket costs incurred and in no event shall either
party be entitled to attorneys' fees.
d. UNDER NO CIRCUMSTANCES WILL ENTRANT
BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM,
PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN
FOR ACTUAL OUT-OF POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED
OR OTHERWISE INCREASED.
e. Some jurisdictions do not allow the limited
or exclusion of liability for incidental or consequential damages. The above only
applies if your jurisdiction does not prohibit this.
16. Miscellaneous Sponsor reserves the right
to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud,
technical failures or any other factor beyond Sponsor's reasonable control impairs
the integrity or proper functioning of the Sweepstakes, as determined by Sponsor
in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify
any individual it finds to be tampering with the entry process or the operation
of the Sweepstakes or to be acting in violation of these Official Rules or any other
promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person
to deliberately undermine the legitimate operation of the Sweepstakes may be a violation
of criminal and civil law, and, should such an attempt be made, Sponsor reserves
the right to seek damages from any such person to the fullest extent permitted by
law. Sponsor's failure to enforce any term of these Official Rules shall not constitute
a waiver of that provision. Entries that are lewd, obscene, pornographic, disparaging
of the Sponsor or otherwise contain objectionable material may be disqualified in
the Sponsor's sole and unfettered discretion. Sponsor may assign its rights under
this Agreement without condition. This Agreement will be binding upon and will inure
to the benefit of the parties, their successors and permitted assigns.
17. Contest Sponsorship This contest is
sponsored by Hillside Holdings, 7119 West Sunset Boulevard #192, Los Angeles, California