BATH & BEAUTY CATEGORY STUDY CONTEST
OFFICIAL CONTEST RULES (“OFFICIAL RULES”)
OPEN TO UNITED STATES AND CANADIAN RESIDENTS ONLY (EXCLUDING THE PROVINCE OF QUEBEC)
ANY QUESTIONS, COMMENTS OR COMPLAINTS REGARDING THE CONTEST MUST BE DIRECTED TO ADMINISTRATOR.
1. NO PURCHASE NECESSARY. The Bath & Beauty Category Study Contest (the “Contest”) is administered by Lush Handmade Cosmetics Ltd (the “Administrator”).
2. CONTEST PERIOD: The Contest starts at 12:00:01 AM ET on April 27, 2020 and closes at 11:59:59 PM ET on May 8, 2020 (the “Contest Period”). Unless otherwise specified, all times in these Official Rules are Eastern Time (“ET”).
3. ELIGIBILITY. To be eligible to enter and win this Contest:
(a) you must be a legal resident of the United States or Canada (excluding the province of Quebec) of the age of majority or older, in your state, province or territory of residence, at the time of entry;
(b) you must participate in the Contest by following the link found on the Lush email and completing the survey online, as more specifically described below; and
(c) You must not be an employee, officer, director, agent or representative of the Administrator, their respective affiliates, subsidiaries, licensees, related companies, advertising and promotional agencies and the family and household members of any of the above.
Each eligible person who completes these requirements shall be deemed an “Entrant” in these Official Rules. The Administrator reserves the right at any time to require proof of identity and/or eligibility to participate in the Contest and any failure to provide such proof may result in disqualification at the Administrator’s sole discretion.
4. HOW TO ENTER.
(a) Clicking on the link found on the Lush email: and
(c) Completing all of the questions in the survey online;
(d) Completing the previous two requirements shall be deemed an “Entry” in these Official Rules.
(e) All Entries become the sole property of the Administrator and none will be returned for any reason. Entries will be declared invalid if they are late, illegible, incomplete, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with Entrants except with those selected for a Prize.
(f) By participating in this Contest, Entrant represents and warrants that: (i) survey responses do not contain any material that is libelous, defamatory, profane or obscene; (ii) responses are original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the Entrant to the full extent necessary to enable the Administrator to use responses as contemplated by these Official Rules.
(g) Limit of one (1) Entry per person during the Contest Period. In the case of multiple entries, only the first Entry will be considered.
(h) Time keeping for this contest shall be determined solely by the Administrator’s server clock. Any discrepancy between the time or time remaining in the Contest Period or in any promotional materials thereof and the time or time remaining as determined by the Administrator, the Administrator’s server clock shall prevail.
5. Prizes. There are (3) prizes consisting of a $250 Lush Gift Card in each of Canada and the United States (each a “Prize” or collectively “Prizes”) available during the Contest Period, to be won by the Prize winners (each a “Winner” and collectively “Winners”). Gift cards will be in the local currency of the Winner. Prizes will be distributed as follows and in accordance with the selection process set out in Section 6 below:
(a) Each Prize will be shipped within ten (10) days after Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
(b) If a Winner fails to comply with these Official Rules, withdraws for any reason, he/she will be disqualified and will not receive a Prize and the Administrator reserves the right to select another or additional Entrant(s), in the Administrator’s sole discretion, until such time as another eligible Entrant satisfies the terms set out herein.
(c) Prize must be accepted as awarded without substitution and cannot be transferred, assigned or redeemed for cash, except at the sole discretion of the Administrator. In the event a Prize (or any component thereof) cannot be awarded for any reason (including but not limited to force majeure or production exigencies), Administrator reserves the right, in its sole discretion, to substitute for another prize (or any component thereof) of equal or greater value, without liability. Any unused portion of a Prize will be forfeited and shall have no cash value.
(d) Shipped Prizes shall not be insured and Administrator shall not assume any liability for lost, damaged or misdirected Prizes.
6. WINNER SELECTION. One (1) Winner shall be selected during the Contest Period as follows:
(a) On the 10th day of following the Contest Period (“Draw Date”) the Administrator at its offices located at 8680 Cambie Street, Vancouver BC, Canada V6P 6M9, at 4:00:00 PM PST, shall select three (3) Entries in Canada and three (3) Entries in the United States by way of random computer-generated draw from the Entries received through the store survey entry form as Winners of the Prize. The odds of being
selected as a potential winner are dependent upon the number of eligible Entries received by the Administrator.
(b) THE SELECTED ENTRANTS WILL BE NOTIFIED BY EMAIL NO LATER THAN THE 15TH DAY FOLLOWING THE CONTEST PERIOD AT 09:00PM AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected Entrant must respond by email to the email address included in the notification. If the selected Entrant does not respond in accordance with the Official Rules, or if he/she fails to comply with the terms of these Official Rules or voluntarily withdraws from the Contest, he/she will be disqualified and will not receive a Prize and another Entrant may be selected in the Administrator’s sole discretion until such time as an Entrant satisfies the terms set out herein. The Administrator is not responsible for the failure for any reason whatsoever of a selected Entrant to receive notification or for the Administrator to receive a selected Entrant’s response.
(c) In the event of an error in the entry or drawing process, or any other aspect of the Contest, that results in more selected Entrants than contemplated in these Official Rules, the Administrator will conduct a random draw amongst all eligible selected Entrants, to award the correct number of Prizes, after the close of the Contest Period.
(d) For Canadian residents only: Before being declared the winner, a selected Entrant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill testing question to be administered by Administrator or its representative by phone.
7. DECLARATION & RELEASE. Winners will be required to execute a legal declaration and release agreement (“Release”) that confirms the Winner’s (i) eligibility for the Contest and compliance with these Official Rules; (ii) acceptance of the Prize as offered; (iii) release of the Administrator and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Administrator of the unrestricted right, in the Administrator’s sole discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Winner’s name, photograph, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the date indicated on the accompanying letter of notification or the selected Entrant will be disqualified, and the Prize forfeited.
8. INDEMNIFICATION. By entering the Contest, Entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Official Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
9. RIGHTS. By completing and submitting the survey to the Administrator in connection with the Contest, each Entrant shall retain all right, title and interest (including copyright) in and to the responses, and shall grant to the Administrator a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit responses for use in all media now known or hereafter devised in perpetuity beginning on the date of Entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The Entrant hereby confirms that the responses are an original work, solely created by the Entrant, and that no third party has a claim of any kind to the responses or any part thereof. Administrator assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each Entrant represents to Administrator that responses do not infringe any copyright interest of any third party and that responses are not defamatory or obscene and do not violate any laws relating to hate speech or otherwise. Administrator reserves the right to exclude any responses on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by the Administrator in its sole discretion.
10. LIMITATION OF LIABILITY. The Administrator assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete Entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, cellular phone, mobile device, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry. The Administrator is not responsible for any errors, omissions or inaccurate information, whether caused by website or mobile phone or device users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Administrator assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Administrator is not responsible for any problems, failures or technical malfunction of any telephone network or lines computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, mobile applications on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. The Administrator is not responsible for any injury or damage to Entrant or to any computer or cellular phone or mobile device related to or resulting from participating or downloading materials or applications in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Administrator assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Administrator, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, lack of participation, fairness, integrity or proper conduct of this Contest or the Contest Website.
11. CONDUCT. By participating in the Contest, each Entrant agrees to be bound by the Official Rules, which will be posted at the Contest Website and made available upon request by self-addressed, stamped envelope to Lush Handmade Cosmetics Ltd, Bath & Beauty Category Study Contest, 8680 Cambie Street, Vancouver BC, Canada V6P 6M9 throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Administrator, which shall be final and binding in all respects. The Administrator reserves the right, in its sole discretion, to disqualify any Entrant found to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the Entry process or the operation of the Contest or the Contest Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any online Lush Handmade Cosmetics Ltd Inc. property or service; and/or (d) acting in an
unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE, OR ANY RELATED WEBSITE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE ADMINISTRATOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
12. TERMS & CONDITIONS. The Administrator reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should any virus, bug, non-authorized human intervention, fraud, or other cause beyond the Administrator’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, the Administrator may select the Winner(s) from all eligible entries received prior to and/or after (if appropriate) the action taken by the Administrator. The Administrator reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or any website or violates these Terms & Conditions. The Administrator has the right, in its sole discretion, to maintain the integrity of the Contest, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses or different social media accounts; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, the Administrator reserves the right to seek damages to the fullest extent permitted by law.
14. TERMINATION. Administrator reserves the right, in its sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Official Rules in any way, at any time, for any reason without prior notice.
15. LAW. The Contest is subject to applicable federal, state and local laws and regulations. The Official Rules are subject to change without notice in order to comply with any applicable federal, state, provincial and local laws or the policy of any other entity having jurisdiction over the Administrator. THIS CONTEST IS GOVERNED BY THE LAWS OF CANADA AND THE PROVINCE OF BRITISH COLUMBIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court, having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and You hereby waive all rights to, direct, indirect, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than your actual out-of-pocket expenses (i.e. costs associated with entering this Contest). You further waive all rights to have damages multiplied or increased.
16. LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Official Rules shall prevail, govern and control.
17. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Administrator and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.