NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS EXIST BUT HAVE NOT BEEN MET. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE A CONTRACT- READ THEM CAREFULLY BEFORE ENTERING.
This Sweepstakes is offered by Diff, LLC and Tarte Inc. (the “Sponsors”). These Rules govern the Sweepstakes and constitute an agreement between Sponsors and any person who acts to enter or participate in the Sweepstakes or otherwise assents to these Rules (“you,” “your,” etc.). Such action or other assent constitutes your agreement to these Rules. This Sweepstakes are governed exclusively by the laws of the United States.
Please note that this Sweepstakes is not in any way sponsored, endorsed or administered by, or associated with Instagram.
SWEEPSTAKES ENTRY START/END DATES. The Sweepstakes begin at 9:00:00 am Pacific Standard Time on April 8, 2018 and ends at 11:59:59 pm Pacific Standard Time on April 10, 2018 (“Sweepstakes Period”).
- ELIGIBILITY: The Sweepstakes is open solely to legal residents of the fifty (50) states of the United States (excluding Rhode Island) and the District of Columbia, who are at least eighteen (18) years of age and over the age of majority in their jurisdiction of residence at the time of entry. Employees, officers and directors of Diff, LLC and Tarte Inc. (“Sponsors”) and their respective parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. The Sweepstakes is subject to all applicable federal, state and local laws.
HOW TO ENTER:
1. Instagram page must be public to enter;
2. Follow @diffeyewear and @tartecosmetics on Instagram;
3. Like the photo announcing the Sweepstakes; and
4. Tag a friend in the comments
Limit one (1) entry per person.
If you choose to enter using your mobile phone, standard data fees may apply. You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.
REQUIREMENTS OF ENTRIES: By entering the Sweepstakes, each entrant warrants and represents that: (a) entrant’s entry does not contain any material or elements that are not owned by the entrant, or which are subject to the rights of third parties; (b) entrant’s entry is not a duplicate of any other submitted entries; (c) entrant’s entry will not violate any law, rule or regulation or infringe on any rights of any third parties; and (d), the entry complies with these Official Rules. By submitting an entry, entrant agrees that Sponsors, in their sole discretion, may remove any entry and disqualify an entrant from the Sweepstakes if it believes, in its sole discretion, that the entrant’s entry fails to conform to the foregoing or these Official Rules.
By entering the Sweepstakes, entrant agrees that Sponsors’ decisions are final and binding in all matters relating to this Sweepstakes, including, but not limited to, interpretation and application of these Official Rules. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of Sponsors, which will be final and binding in all matters relating to the Sweepstakes.
By submitting an entry, entrant hereby grants permission for the entry to be posted on www.diffeyewear.com, www.tartecosmetics.com and other websites, applications, or social media platforms (including those of Sponsors). Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the posting of any entry.
PRIZE SELECTION/ODDS: The winning entries for the prize will be chosen in a random drawing (the Drawing) from all eligible entries Sponsors received before 11:59:59 PM PST on April 10, 2018. Two winning entries will be drawn from posts to Diff Eyewear’s Instagram account and two will be drawn from posts to Tarte Cosmetics Instagram account for a total of four (4) Prize Winners. The Drawing will be conducted from the offices of Sponsors (or from such other location Sponsors designate on or about April 11, 2018. The Sponsors reserve the right to require the selected entrant to sign and deliver to Sponsors’ satisfaction a waiver, release and confirmation of eligibility under and in compliance with these Rules.
Odds of winning depend on the number of eligible entries received for the drawing. For instance, if there were one thousand (1,000) eligible entries received, the odds of winning would be a chance of one in one thousand (1 in 1,000). This could vary if entries were disqualified.
For the purpose of any determination of the Prize’s value (or any part thereof), the determination of Sponsors will be final and binding. The right to the Prize (or any part thereof) is not transferable by the winner. The Prize (or any part thereof) must be accepted as awarded with no substitutions (in cash, in kind, or otherwise) except at Sponsors’ sole discretion. Sponsors reserve the right to substitute the Prize (or any part thereof) for an item (including cash) of equivalent or greater value if for any reason, in Sponsors’ discretion, a Prize (or any part thereof) cannot, or without hardship cannot, be awarded as described in these Rules. Any and all taxes (including, without limitation, income taxes) and other costs and expenses arising from or relating to the Prize (or any substitution) or its delivery, transfer, receipt, acceptance, possession, use or disposition is solely the responsibility of each Prize winner. Sponsors are not responsible if the store credit is lost, stolen, destroyed, or used without permission, and the store credit will not be replaced.
WINNER NOTIFICATION: On or about April 11, 2018, the potential Sweepstakes winners will be notified through the Instagram account used to enter the Sweepstakes. The potential winner must respond to Sponsor’s notification within five (5) business days after the date of notification. A potential winner's failure to respond to the prize notification within the specified five (5) business days will be considered such potential winner's forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. After initial contact has been made, subsequent communication may take place via e-mail or telephone. A potential winner may be required to sign and return, where legal, an Affidavit/Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document within seven (7) calendar days of receipt. If such document is not returned within the specified time period, a prize or prize notification is returned as undeliverable, or a potential winner is not in compliance with these Official Rules, that potential winner’s prize will be forfeited and an alternate winner will be selected. Upon prize forfeiture, no compensation will be given. In the event of a dispute as to the identity of any potential winner, Sponsor reserves the right in its sole discretion to select another winner and the unidentifiable potential winner will forfeit all rights to a prize.
- GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsors, which shall be final and binding in all respects relating to this Sweepstakes; and (b) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for editorial, administrative, programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsors and their designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Sweepstakes without the prior consent of the Sponsors, which it may withhold in its sole discretion. By participating, each entrant agrees and consents to receive via e-mail news letters, special promotions and other electronic communications from Sponsors.
- LIABILITY: BY PARTICIPATING, ENTRANTS AND THE WINNER AGREE TO RELEASE AND HOLD HARMLESS SPONSORS AND THEIR ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, SHAREHOLDERS, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN THE SWEEPSTAKES, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. THE FOREGOING LIABILITIES ARE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, illegible, stolen, delayed, misdirected, undelivered, or garbled Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the drawing for the prize, the announcement of the prize, or the incorrect uploading of any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or the applications or websites of any Released Parties, or who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsors, will be disqualified and all associated entries will be void. Should any portion of the Sweepstakes be, in Sponsors’ sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsors, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsors reserve the right in their sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to action. Notwithstanding the foregoing, Sponsors may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSORS’ WEBSITES OR APPLICATIONS OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
ARBITRATION/governing law: EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT (1) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND HELD in the state of CALIFORNIA, CITY OF LOS ANGELES; (2) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND (3) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS' FEES, OTHER THAN ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH PARTICIPATING IN THIS PROMOTION), AND ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. THE ARBITRATION SHALL BE CONDUCTED IN THE STATE OF CALIFORNIA, CITY OF LOS ANGELES.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Los Angeles in the State of California. The parties agree not to raise the defense of forum non conveniens.
- REQUEST FOR WINNER: For the name of the winners, available after April 12, 2018 send a self-addressed, stamped, envelope to: Diff Eyewear, Attention: Marketing Department, 15606 Broadway Center Street, Gardena, CA 90248. Vermont residents may omit return postage.
- Sponsors: Diff, LLC, 15606 Broadway Center Street, Gardena, CA 90248 and Tarte Inc., 1375 Broadway, Suite 800, New York, NY 10018.