LUSH HOLIDAY CONTEST
OFFICIAL CONTEST RULES (“OFFICIAL RULES”)
OPEN TO UNITED STATES AND CANADIAN RESIDENTS ONLY (EXCLUDING PUERTO RICO)
1. NO PURCHASE NECESSARY. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. The Lush Holiday Contest (the “Contest”) is administered by Lush Handmade Cosmetics Ltd. (the “Administrator”).
2. CONTEST PERIOD: The Contest will be starting at 9:00:00 AM on November 14, 2022, and closing at 11:59:00 PM on December 31, 2022 (the “Contest Period”). Unless otherwise specified, all times in these Official Rules are Pacific Standard Time (“PST”).
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 Puerto Rico) and of the legal age of majority or older in your state, province or territory of residence at the time of entry;
(b) You must be subscribed to the Lush newsletter at the end of the Contest Period (you may subscribe to the Lush newsletter by completing the sign-up form located at the register, on our mobile register or on our website.)
(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) Being subscribed to the Lush newsletter as at the end of the Contest Period is deemed as one (1) entry to the Contest (an “Entry”). Only one (1) Entry is allowed per Entrant.
(b) An eligible person may also enter the Contest by sending an index card with their name, email address and mailing address printed on one side of the card to Lush Handmade Cosmetics Ltd., Lush Holiday Contest, 8680 Cambie Street, Vancouver BC, Canada V6P 6M9, provided it is received by the Administrator before the end of the applicable Contest Month.
(c) 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.
(d) Time keeping for this contest shall be determined solely by the Administrator’s server clock. In the event of any discrepancy between the time or time remaining in a Content Month or 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 five (5) prizes consisting of a $300 Lush Gift Card (approximate retail value = $300) (each a “Prize” or collectively “Prizes”) available to be won by the Prize winners (each a “Winner” and collectively “Winners”). The currency of the Gift Card and approximate retail value will be the currency of the Winner’s jurisdiction of residence (either USD or CAD). Prizes will be distributed as follows and in accordance with the selection process set out in Section 6 below:
(a) Each Prize will be emailed within fourteen (14) days after Winner has been successfully contacted and notified of their Prize and fulfilled the requirements set out herein.
(b) If a Winner fails to comply with these Official Rules or withdraws for any reason, they 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) Each 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) Prizes shall not be insured and Administrator shall not assume any liability for lost, damaged or misdirected Prizes.
6. WINNER SELECTION. Five (5) Winners shall be selected after the Contest Period as follows:
(a) On January 10th. 2023, the Administrator at its offices located at 8680 Cambie Street, Vancouver BC, Canada V6P 6M9, at 4:00:00 PM PST, shall select five (5) Entries by way of random computer-generated draw from the Entries received as Winners of the Prize. The odds of being selected as a potential winner are dependent upon the number of eligible Entries received during the Contest Period.
(b) THE SELECTED ENTRANTS WILL BE NOTIFIED BY EMAIL NO LATER THAN JANUARY 10th, 2023. UPON NOTIFICATION, THE SELECTED ENTRANTS MUST RESPOND, BY EMAIL TO THE EMAIL ADDRESS INCLUDED IN THE NOTIFICATION, BY NO LATER THAN JANUARY 16th, 2023, AND COMPLETE AND EXECUTE A RELEASE AND WAIVER IN THE FORM PROVIDED BY THE ADMINISTRATOR, IN ORDER TO BE ELIGIBLE TO RECEIVE A PRIZE. If the selected Entrant does not respond in accordance with the Official Rules, or if they fail to comply with the terms of these Official Rules or voluntarily withdraw from the Contest, they 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 an Entrant is drawn more than once as a Winner in the same draw, they must receive the higher value Prize, and another Entrant will be selected for the Prize of lesser value.
(d) 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.
(e) 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 by completing a one-question survey, to be administered by Administrator or its representative.
7. INDEMNIFICATION. By entering the Contest, Entrant releases and holds the Administrator and its affiliates, and their shareholders, directors, officers agents, employees and contractors (collectively, the “Released Parties”) 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. Entrant agrees to fully indemnify Released Parties from any and all claims by third parties relating to the Contest, without limitation.
8. RIGHTS. By completing the activities in connection with the Contest, each Entrant shall retain all right, title and interest (including copyright) in and to the Entries, and shall grant to the Administrator a worldwide, royalty-free, and irrevocable licence to copy, use, modify, reproduce, display, adapt and transmit Entries and content submitted 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 Entries are an original work, solely created by the Entrant, and that no third party has a claim of any kind to the Entries 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 Entries or content submitted do not infringe any copyright interest of any third party and that Entries are not defamatory or obscene and do not violate any laws relating to hate speech or otherwise. Administrator reserves the right to exclude any Entries 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.
9. LIMITATION OF LIABILITY. The Administrator assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete Entries, notifications, responses, or replies 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.
10. CONDUCT. By participating in the Contest, each Entrant agrees to be bound by the Official Rules, which will be posted at https://www.lush.ca/en/stories/contest-terms-conditions.html and https://www.lushusa.com/stories/contest-terms-conditions.html and made available upon request by self-addressed, stamped envelope to Lush Handmade Cosmetics Ltd., Lush Holiday 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; (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 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.
11. 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 Official Rules. The Administrator has the right, in its sole discretion, to maintain the integrity of the Contest or to void Entries for any reason, including, but not limited to: multiple Entries from the same individual; 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.
13. 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.
14. LAW. The Contest is subject to applicable federal, state, provincial 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 THE PROVINCE OF BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN, 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 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, 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.
15. 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 Entry form, or point of sale, television, print or online advertising, the terms and conditions of the Official Rules shall prevail, govern and control.
16. INTELLECTUAL PROPERTY. All intellectual property relating to the Contest, 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 its affiliates. All rights are reserved. Unauthorized copying or use of any such copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.