NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: Lush Cosmetics’ [Halloween] Sweepstakes (the “Sweepstakes”) is open only to those who are 18 years of age or older as of October 19, 2019. The Sweepstakes is only open to residents of the United States and Canada (but excluding Quebec, Puerto Rico, the U.S. Virgin Islands and all other territories of the United States), and is void in such excluded provinces, states and territories and where prohibited by law. Employees of Lush Cosmetics, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
2. Agreement to Rules: By participating, You agree to be fully unconditionally bound by these Terms and Conditions (the “Official Rules”), and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Lush Cosmetics as final and binding as it relates to the content of this Sweepstakes.
3. Sweepstakes Period: Entries will be accepted online starting at 3:00am Pacific Standard Time on October 19, 2019 and ending at 9:00pm Pacific Standard Time on October 19, 2019. All online entries must be received by 9:00pm Pacific Standard Time on October 19, 2019.
4. How to Enter: At our retail locations on October 19, 2019 where we will be hosting a Halloween event, upload a permanent Instagram post (an “Entry”) using the #LushHalloween2019 and tag @lushcosmetics to Instagram. If You cannot make it to one of our retail locations simply upload your Entry using the #LushHalloween2019 and tag @lushcosmetics to Instagram and tell us why you love Lord Of Misrule Bath Bomb. Entries must conform to one of the above-referenced methods. Entries must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications above may be disqualified at the sole discretion of Lush Cosmetics. You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the Official Rules. If You use fraudulent methods or otherwise attempt to circumvent the Official Rules, your Entry may be removed from eligibility at the sole discretion of Lush Cosmetics. You shall ensure that your Entry does not (i) contain corporate or organization logos or symbols (other than those of Lush Cosmetics), illegal content or activities, pornography, lewd or inappropriate activities, sexual or racial slurs or connotations, offensive language, obscenities or any material that would be offensive to a group or to an individual and (ii) violate the terms and conditions for postings on Instagram.
5. Prizes: The winner (1) of the Sweepstakes (the “Winner”) will receive a selection of Lush Cosmetics products chosen by Lush Cosmetics (Approximate retail value = $50). Actual/appraised value may differ at the time of prize award. The specifics of the prize shall be solely determined by Lush Cosmetics. No cash or other prize substitution shall be permitted except at Lush Cosmetics’ discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, provincial and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Lush Cosmetics to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of Lush Cosmetics on October 21, 2019. Winner will be notified through the Winner’s Instagram account used to enter the Sweepstakes. Lush Cosmetics shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. Before being awarded the prize and being confirmed as winner, the Winner (i) must correctly answer unaided, a time limited mathematical skill-testing question administered by email or telephone; and (ii) may be required, upon the request of Lush Cosmetics, to complete and execute a declaration and release to be returned within two (2) business days of receipt. If Winner cannot be contacted, is ineligible, fails to claim the prize within five (5) days from the time the award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT LUSH COSMETICS’ SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By submitting your Entry, including all content (e.g., photo, video, text, etc.) forming part of the Entry, You understand and agree that Lush Cosmetics, anyone acting on behalf of Lush Cosmetics, and Lush Cosmetics’ licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your Entry, name, portrait, picture, voice, likeness, image, statements about the Sweepstakes, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent. By submitting your Entry, You represent and warrant that your Entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your Entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Lush Cosmetics. If the content of your Entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Lush Cosmetics and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which such parties (or any of them) may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Lush Cosmetics reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should any virus, bug, non-authorized human intervention, fraud, or other cause beyond Lush Cosmetics’ control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such case, Lush Cosmetics may select the Winner from all eligible Entries received prior to and/or after (if appropriate) the action taken by Lush Cosmetics. Lush Cosmetics 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 Sweepstakes or website or violates these Official Rules. Lush Cosmetics has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void Entries for any reason, including, but not limited to: multiple Entries from the same user from different IP addresses; multiple Entries from the same computer in excess of that allowed by Sweepstakes 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 Sweepstakes may be a violation of criminal and civil laws. Should such attempt be made, Lush Cosmetics reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless Lush Cosmetics and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors 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 entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of Entries.
11. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF CANADA AND BRITISH COLUMBIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, 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 Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Vancouver, BC 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, 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 Sweepstakes). You further waive all rights to have damages multiplied or increased.
13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Lush Handmade Cosmetics, Ltd., 8680 Cambie Street, Vancouver, BC V6P6M9, Canada. Requests must be received no later than November 15, 2019, 9pm PST.
14. Sponsor: The Sponsor of the Sweepstakes is Lush Handmade Cosmetics, Ltd., 8680 Cambie Street, Vancouver, BC V6P6M9, Canada.
15. Instagram: The Sweepstakes hosted by Lush Handmade Cosmetics, Ltd. is in no way sponsored, endorsed, administered by, or associated with Instagram.
16. By submitting an Entry: You, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.