National Face Mask Day Sweepstakes Terms and Conditions
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: Lush Cosmetics’ National Face Mask Day Sweepstakes (the “Sweepstakes”) is open only to those who are 18 years of age or older as of August 11, 2022. The Sweepstakes is only open to legal residents of United States and Canada, and is void where prohibited by law, including in Quebec and Puerto Rico. 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 attest that You have affirmatively reviewed, accepted, and agreed to be fully and unconditionally bound by these 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 on at 12:01am Eastern Standard Time on August 11, 2022 and ending at 11:59pm Pacific Standard Time on August 25, 2022. All online entries must be received by 11:59pm Pacific Standard Time on August 25, 2022.
4. How to Enter: The Sweepstakes must be entered by uploading an image to Twitter where you include a selfie of yourself wearing a Lush Cosmetics face mask product. All entries must include both the tag @lushcosmetics and hashtag #NFMD. The entry 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 rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Lush Cosmetics.
5. Prizes: The winner of the Sweepstakes (the “Winner”) will receive a $500 gift card and a consultation with a Lush Cosmetics customer care team member (retail value = $500) in U.S. and Canadian currency based on each Winner’s country of residence. Actual/appraised value may differ at 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, 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. Winner will be notified through the Winner’s Twitter account used to enter the Sweepstakes within five (5) days following selection of Winner. 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. 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 entering this content (e.g., photo, video, text, etc.), 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 entering this content, 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 from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Lush Cosmetics 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 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 Terms & Conditions. 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 Sweepstakes; (v) electronic or human error in the administration of the Sweepstakes 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 hereby waives 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 August 30, 2022, 5pm PST.
14. Sponsor: The Sponsor of the Sweepstakes is Lush Handmade Cosmetics, Ltd., 8680 Cambie Street, Vancouver, BC V6P6M9, Canada.
15. Twitter: The Sweepstakes hosted by Lush Handmade Cosmetics, Ltd. is in no way sponsored, endorsed, administered by, or associated with Twitter.