National Lipstick Day 2023 Sweepstakes
Official Rules (“Official Rules”)
NO PURCHASE NECESSARY. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void where prohibited or restricted by law. These Official Rules contain a release of liability in Section 7(a) and various limitations and exclusions of liability in Sections 7(d), 7(f), and 7(g).
This Sweepstakes is not sponsored, endorsed or administered by Instagram, nor is Instagram associated with this Sweepstakes in any way. By entering, you acknowledge that Instagram bears no responsibility for this Sweepstakes and you release Instagram from any liability whatsoever in connection with this Sweepstakes. You understand that you are providing information to Sponsor and not to Instagram. Any questions, comments or complaints regarding this Sweepstakes must be directed to Sponsor, and not to Instagram.
1. ENTRY PERIOD
This National Lipstick Date 2023 Sweepstakes (this "Sweepstakes”) is sponsored and administered by Clinique Laboratories, LLC (“Clinique” or “Sponsor”). This Sweepstakes starts at 9:01 AM on July 29, 2023 and ends on August 5, 2023 at 11:59 PM (ET - Eastern Time) (the “Entry Period”). Sponsor’s computer is this Sweepstakes’ official clock. This Sweepstakes shall be subject to these Official Rules and, by entering, all participants agree to be bound by the terms and conditions herein and by the decisions of Sponsor, which shall be final and binding on all matters pertaining to this Sweepstakes. Certain restrictions may apply.
2. TO ENTER
a. During the Entry Period, an entrant may enter this Sweepstakes through the following method only:
i. Entering through Instagram: (1) follow @CliniqueCanada, (2) like and save the Sweepstakes post posted on Sponsor’s Instagram page on July 29, 2023, (3) leave a comment stating where you will share the prize if you win, and (4) tag a friend.
b. Entry must be made by the entrant on Instagram. Entries made by any other individual or any entity, and/or originating at any other Internet website or email address, including without limitation to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device to automate the entry process is prohibited.
c. There is a limit of one (1) entry per person during the Entry Period. Entrants are prohibited from using more than one (1) Instagram profile or multiple identities to enter this Sweepstakes more than once. If it is found or suspected that an entrant is using more than one (1) Instagram profile or multiple identities to participate in this Sweepstakes, then that entrant, in Sponsor’s sole and absolute discretion, may be disqualified.
d. In the event of a dispute as to an entrant’s entry, the natural person who is the authorized account holder of the Instagram account used to enter the Sweepstakes will be deemed to be the entrant. Each potential Winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the winning entrant may be deemed ineligible.
e. If the entrant’s Instagram account is set to “private,” such entrant’s entry may not be visible and thus may not be received by Sponsor. Each entrant’s entry must be set to “public” within Instagram in order to be trackable.
g. Each entry (including the entry form and all other writings, data, information, content, and other materials included in the entry) must comply with the following:
i. It must be entirely the original work of the entrant; no portion of the entry may be created using any artificial intelligence tool or generator;
ii. It must not infringe, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights, or other proprietary rights of any third party;
iii. It must comply with these Official Rules and all applicable laws; and
iv. It must be suitable for publication to a general audience and must not contain anything that:
1. is illegal, abusive, tortious, defamatory, pornographic, sexually explicit, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
2. promotes discrimination based on race, ethnicity, nationality, religion, sex, sexual orientation, disability, or age;
3. promotes violence or unsafe or illegal activity;
4. is threatening, harassing, or degrading;
5. serves to impersonate any person or entity or misrepresent affiliation with any person or entity; or
6. disparages or injures the reputation or goodwill of Sponsor, any of its parents, subsidiaries, or affiliates, or any of their respective officers, directors, employees, products, or services.
h. Entry in this Sweepstakes does not constitute entry into any other promotion, contest, or sweepstakes.
The Sponsor is located at 130 Bloor St W, Toronto, ON M5S 1N5. For questions about this Sweepstakes, please contact Sponsor at email@example.com and include the name of this Sweepstakes in the subject line.
a. This Sweepstakes is only open to those who, as of the date of entry, are (a) legal residents of Canada, excluding the province of Quebec, and (b) at least eighteen (18) years of age.
b. The officers, directors, employees, contractors, and agents of Sponsor, its affiliates, and its and their advertising and promotion agencies and any other company or organization involved in the development, promotion, sponsorship or execution of this Sweepstakes (collectively, “Promotion Entities”) and the immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside) and those living in the same household of any Promotion Entities (whether or not related), are not eligible to enter this Sweepstakes. This Sweepstakes is subject to all Federal, state, and local rules and regulations, and is void where prohibited or restricted by law.
a. Subject to the terms and conditions of these Official Rules, three (3) winners (“Winner”) will receive a prize consisting of the following: one (1) unit of Almost Lipstick in Black Honey, one (1) unit of Cheek Pop Blush in Black Honey, one (1) Pop Plush Creamy Lip Gloss in Black Honey Pop, one (1) The Best Of Black Honey All About Shadow Palette. The approximate retail value of the prize is CAD $156.
b. The prize is non-refundable, and no substitutions will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value in the event of any prize unavailability. In no event will Sponsor be required to award more than the stated number of prizes.
c. The odds of winning a prize are determined by the total number of eligible entries received. All prizes are awarded “as is.” The Promotion Entities do not make any warranty, representation, or guarantee, either express, implied, statutory, or otherwise, relative to the prize or any portion thereof, including without limitation to safety, security, quality, merchantability, non-infringement, or fitness for a particular purpose. If by reason of a printing, typographical, administrative, or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. Sponsor will not be required to award more than the advertised number of prizes. The prize will be shipped to the Winner at the expense of Sponsor.
6. WINNER SELECTION
a. The Winner will be selected by random drawing on or about August 6, 2023, and will be notified by Sponsor via an Instagram direct message within seven (7) days of this date (a “Prize Notification”).
b. The Winner has forty-eight (48) hours to respond to the Prize Notification once it is sent to the potential Winner, including providing any requisite information to accept their prizes. Sponsor shall have no liability for any Prize Notification that is lost, intercepted, or not received by a potential Winner for any reason. The Winner may be required to execute and return a notarized Affidavit of Eligibility/ Release of Liability provided by Sponsor within thirty (30) days of notification. Sponsor shall have no liability for any Prize Notification that is lost, intercepted, or not received by a potential Winner for any reason. In order to claim a prize, the potential Winner may be required to verify for Sponsor his or her permanent address and social security or taxpayer identification number, for purposes of compliance with tax regulations.
c. Failure to respond to the Prize Notification will result in the Winner being disqualified and an alternate Winner may be selected. If a Prize Notification or a prize is returned as undeliverable for any reason, an alternate Winner may be selected by random draw from all remaining eligible entries at Sponsor’s discretion. Sponsor may successively attempt to contact up to five (5) potential Winners in accordance with such procedure, and if there is still no confirmed Winner of a prize after such attempts have been made, Sponsor may announce an alternate means for awarding that prize or donate the prize to a charitable organization in Sponsor’s sole discretion. All expenses incurred in association with acceptance or use of any prize or prize component that are not specifically provided for herein are solely the responsibility of the applicable Winner. Prizes are not transferable, assignable, or redeemable for cash. All of Sponsor’s decisions are final.
a. By entering into this Sweepstakes, each entrant agrees to hold harmless, release, and waive any claims against Promotion Entities for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorney’s fees) that may occur, directly or indirectly, in whole or in part, from: (i) acceptance, use, or misuse of any prize or parts thereof; (ii) participation in this Sweepstakes; (iii) any breach or other violation by such entrant of these Official Rules, any applicable social media platform policies, or applicable laws; or (iv) any use of an entrant’s personal information and entries as permitted under these Official Rules. By entering this Sweepstakes, each entrant agrees to comply with any and all applicable laws in connection with his or her participation in this Sweepstakes.
b. If for any reason, this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of this Sweepstakes and processing of entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, Sponsor reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect online entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted on Sponsor’s Instagram profile and at the Sweepstakes Site.
c. Any attempt by an entrant or any other individual to deliberately damage any website or undermine the legitimate operation of this Sweepstakes is a violation of criminal and/or civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
d. The Promotion Entities and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes; inability to access Instagram; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any website (including Instagram) or for any other reason whatsoever; printing or other errors; any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof.
e. Incomplete entries will be disqualified. All entries become the property of Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive entries or acts shall render entrant ineligible.
f. All disputes concerning this Sweepstakes, the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of each entrant and any Promotion Entity in connection with these Official Rules or this Sweepstakes shall be governed by and construed in accordance with provincial and federal laws, without giving effect to any choice of law or conflict of law rules that could cause the applicable of the laws of any other jurisdiction. By entering this Sweepstakes, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, will be resolved individually, without resorting to any form of class action, and solely and exclusively in the federal and provincial courts located in Canada; (ii) entrant submits to the sole and exclusive personal jurisdiction and venue of said courts for any such dispute and irrevocably waives any and all rights to object to such courts on any basis, including improper venue or inconvenience of the forum; (iii) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (iv) under no circumstances will any entrant be permitted to obtain any award for, and by entering each entrant waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased, and any other damages, other than for actual out-of-pocket expenses.
g. NEITHER SPONSOR NOR ANY OTHER PROMOTION ENTITY SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SWEEPSTAKES, ANY PRIZE, OR THESE OFFICIAL RULES, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
8. WINNERS LIST
For an official list of winners, send an email to firstname.lastname@example.org with "National Lipstick Day 2023 Sweepstakes" in the subject line.