ColourPop Sweepstakes and Contest Rules

Colourpop’s 9/28 THINGS ARE GETTING STRANGE Giveaway

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

This Colourpop’s 9/28 Things are getting Strange (“Giveaway”) is sponsored by Colourpop Cosmetics, LLC, 1400 Stellar Dr., Oxnard, CA 93033 (“Sponsor”). The entry period will start on September 28, 2024 at 10:00:00 AM PT Pacific Time (“PT”) and end on October 9, 2024 at 10:00:00 AM PT (“Entry Period”). Sponsor’s clock is the official Giveaway timekeeper:

By entering this Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and acknowledges that decisions of Sponsor with respect to the Giveaway shall be final and legally binding in all respects and acknowledges that entrant’s participation in the Giveaway will be subject to Sponsor’s Terms of Use (https://colourpop.com/pages/terms) to which the entrant must agree as a condition to participate in the Giveaway. Each entrant understands that they are providing their information to Sponsor and the information provided will be used in accordance with Sponsor’s Privacy Policy (https://colourpop.com/pages/privacy-policy). Should there be conflict between Sponsor’s Terms of Use or Privacy Policy and these Official Rules, these Official Rules shall govern. If an entrant does not fully agree to the terms of the Terms of Use or Privacy Policy, such entrant should not enter this Giveaway. Any personally identifiable information collected during an entrant's Entry (as defined below) in this Giveaway will be collected by Sponsor or its designee and used by Sponsor and/or its designees for purposes of the proper administration, fulfillment, publicizing and promotion of this Giveaway as described in these Official Rules, as stated in Sponsor’s privacy policy or as otherwise expressly consented to by entrant during any separate opt-in opportunity provided to entrant during this Giveaway.  

All entries are the property of Sponsor and will not be acknowledged or returned. Nine (9) Winners will be declared, and one (1) prize will be awarded to each Winner. This Giveaway is subject to federal, state/provincial/territorial, and local laws and regulations.

This Giveaway is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Twitter, or Meta Platforms, Inc., which is a third party that owns Instagram (individually, the “Social Platform” and collectively, the “Social Platforms”). The Social Platforms are hereby completely released of all liability by each participant in this Giveaway.  Any questions, comments, or complaints regarding this Giveaway must be directed to Sponsor and not to the Social Platforms.  Netflix is not a sponsor, co-sponsor or administrator of this Giveaway.

  1.  ELIGIBILITY: This Giveaway is open only to persons who are legal residents of the United States (50 states or Wash., DC) and are at least eighteen (18) years old at the time of Entry. Employees, representatives, agents, directors, and officers of Sponsor and any of their respective affiliates (individually and collectively, “Giveaway Entities”) and their immediate families (spouse, domestic partner, children, siblings, parents, grandparents, grandchildren, and step-family members) and/or people living in the same household (related or not) are not eligible to enter. Failure to comply with the eligibility criteria set forth in this section will result in disqualification.
  2.  HOW TO ENTER: No Purchase Necessary. There is one (1) Entry method, which is described as follows:

During the Entry Period, eligible entrants can participate in this Giveaway by completing the following steps, which vary depending on which Social Platform you are using:

Entry via Instagram: (i) from your Social Platform, Account, like the giveaway post, (ii) comment with your favorite moment from Stranger Things, and (iii) you must follow Sponsor @colourpopcosmetics (collectively, an “Eligible Tag”). Each entrant can receive a bonus entry (i.e. be treated as making 2 entries) by sharing the Giveaway post to your story and tagging Sponsor.

Entry via Facebook: (i) from your Social Platform Account, like the giveaway post, (ii) comment with your favorite moment from Stranger Things, and (iii) you must Follow Sponsor @ColourPopCosmetics page (collectively, an “Eligible Tag”). Each entrant can receive a bonus entry (i.e. be treated as making 2 entries) by sharing this post to their page.

Entry via Twitter: (i) from your Social Platform Account, like the giveaway post, (ii) follow @ColourPopCo, (iii) ReTweet the post, and (iv) Reply to this post with your favorite moment from Stranger Things.

Each eligible entry received during the Entry Period is herein referred to as an “Entry” and collectively as the “Entries”.

By participating in this Giveaway, each entrant represents and warrants that his/her Eligible Submission is original, he/she owns all right and title thereto, and his/her Eligible Submission does not infringe any third-party intellectual property rights. Entrants agree to assign and hereby do assign to Sponsor the ownership rights to all Eligible Submissions. Upon the Sponsor’s request, Entrants agree to sign any further document(s) as may be deemed necessary by the Sponsor in its sole and absolute discretion to perfect, or give full effect, to such grant and assignment. For clarity  the entrant grants the sponsor, in connection with the Eligible Submission irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the Eligible Submission and all elements thereof, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from you or any third party.

Once an Entrant submits an Eligible Submission, it cannot be changed or deleted. By entering, each entrant agrees that his or her Eligible Submission conforms to the Submission Guidelines as defined below (“Guidelines”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Giveaway if it believes, in its sole discretion, that the entrant fails to conform to the Guidelines.

If this Giveaway is not completed in accordance with these Official Rules the participant’s Eligible Submission will be voided. Eligible Submissions made by any other individual or any entity, including but not limited to commercial giveaway subscription notification and/or entering services, will be declared invalid and disqualified from this Giveaway. Tampering with the entry process or the operation of this Giveaway is prohibited and any submissions deemed by Sponsor, in its sole and absolute discretion, to have been entered in this manner will be void. Eligible Submissions generated by a script, macro, or other automated means will be disqualified. Eligible Submissions that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an Entrant, the authorized account holder of the email account used to enter the Eligible Submission will be deemed to be the Entrant. “Authorized account holder” is defined as the person who is assigned to an email address by a service provider. Entrants may not share the same email address. Eligible Submissions will be disqualified if they are forged, falsified, altered, or improperly tampered with in any way or if Sponsor determines, in its sole and absolute discretion, that any Eligible Submission does not meet the eligibility and other criteria outlined herein.

  1. ENTRANT RULES & ELIGIBLE SUBMISSION REQUIREMENTS.

By participating in this Giveaway, each entrant hereby warrants and represents that any materials associated with his/her Eligible Submission (“Entry Materials”) comply with the following Guidelines:

  1. are original to him/her and/or that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of submitting such Entry Materials in this Giveaway;
  2. not contain material that is unlawful, in violation of, or contrary to the laws or regulations of the United States or of any jurisdiction where the Eligible Submission is created.;

iii.        do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence;

  1. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party such as copyright, trademark, publicity, or any other intellectual property rights; and,
  2. are not defamatory, trade libelous, pornographic or obscene, and further that such Entry Materials will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained; conduct or other activities in violation of these rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by Sponsor in its sole discretion.

Sponsor although not obligated to screen content, reserves the right to screen all Entry Materials. Any Entry Materials that Sponsor deems, in its sole discretion, to violate the terms and conditions set forth in these rules are subject to disqualification.  Sponsor reserves the right, at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these rules, or for any other reason.   If such an action is necessary at any point during or after this Giveaway, then Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials and entrant (and therefore the corresponding Entry) to help ensure that this Giveaway is being conducted in accordance with Sponsor’s interpretation of the letter and spirit of these rules.

  1. RANDOM DRAWING: A random drawing will be held on or around October 12, 2024, in Oxnard, CA. Three (3) Entries will be drawn from amongst all eligible entries received per Social Platform, for nine (9) entries in total, as determined by the Sponsor at its sole discretion. The Entries drawn will be declared the potential “Winner”. Entrants are not required to be present to win. Odds of winning depend on the total number of eligible Entries received.

Odds of winning a prize available depend on the total number of eligible Entries received during the Entry Period. AN ENTRANT IS NOT AN OFFICIAL WINNERS UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, THE SPONSOR’S REQUIRED PRIZE DOCUMENT(S) ARE COMPLETED AND RETURNED, AND THE ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.

  1. NOTIFICATION / PRIZE ACCEPTANCE: The potential Winners will be notified by Sponsor via the Social Platform the Entry was received. Any potential Winner in the United States must accept the prize by returning to Sponsor a completed and personally signed Affidavit of Eligibility and Liability/Publicity Release within forty-eight (48) hours of Sponsor’s first notification attempt.

Sponsor shall have no liability for any notification that is not received by a potential Winner for any reason. If a potential Winner does not respond to notification and accept the prize as required herein or if prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeit the prize. If a potential Winner is found to be ineligible, has not complied with these Official Rules or declines the prize such potential Winner will be disqualified and forfeit the prize. If a potential Winner is disqualified or forfeits prize, Sponsor may, but shall not be required to, select an alternate potential Winner (in accordance with the procedure above, with necessary amendment) from amongst all remaining eligible Entries. All expenses, taxes or fees on receipt and use of prize are the sole responsibility of the applicable Winner.

  1. PRIZE:  There are Nine (9) prizes available to be awarded in the Giveaway in total. The prize to be awarded to each Winner is:

Prize Description

Approximate Retail Value (“ARV”)

·         (1) ColourPop x Stranger Things Collection

 

$99 USD

TOTAL ARV: $99 USD

Each prize is non-assignable and non-transferable and has no credit or cash value. Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize for one of equal or greater value, for any reason. Each prize will be mailed to each Winner’s street mailing address (cannot ship to a post office box) via regular ground mail or in another manner selected by Sponsor in its sole discretion. The Released Parties (defined below) are not responsible for any delay in the availability or delivery of a prize for any reason whatsoever (including without limitation, delays due to health risks or governmental restrictions, such as those that may be implemented to mitigate COVID-19 transmission) – no confirmed winner nor any other person or entity will be compensated in the event of such delay. The prize ARV represents Sponsor’s good faith determination, is final and binding, and cannot be challenged or appealed. All income and other taxes (federal, state and local) on the prize are the sole responsibility of the applicable Winner.

  1. PUBLICITY RELEASE: Acceptance of the prize constitutes each Winner's permission for Sponsor to use such Winner's name, statements about the Giveaway, product review(s), testimonial (in whole or part), prize information and address (city and state) or other likeness (collectively, “Attributes”) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and each Winner releases Sponsor from all claims arising out of the use of such Attributes.
  2. ENTRY CONDITIONS AND RELEASES: By entering this Giveaway, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, administrators, representatives, insurers and assigns: (A) to release and hold harmless and indemnify the Giveaway Entities, all individuals and entities involved in fulfilling, administering, advertising or promoting this Giveaway, and each of their respective past and present officers, directors, parent companies, subsidiaries, affiliates, employees, representatives, licensees, successors, assigns and agents (collectively, “Released Parties”) from any and all claims, expenses, liabilities, personal injury, death, illness, property loss, litigation or damages of any kind to persons and/or property (including but not limited to invasion of privacy under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights) that may occur, directly or indirectly, whether caused by negligence or not, arising out of such entrant’s participation or Entry in Giveaway and/or such entrant’s acceptance, possession, use and/or misuse of the prize; and (B) to indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses and/or liabilities arising out of or relating to such entrant’s participation or Entry in this Giveaway and/or entrant’s acceptance, use and/or misuse of prize. Released Parties are not responsible for, and each entrant hereby releases the Released Parties from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete text messages, emails and Entries not received by the time designated for the applicable Entry Period; (ii) failure of the Short Code during the Contest or any other technical failure of any kind, including but not limited to the malfunctions or interruptions of any computer, equipment, cable, network, hardware or software, programming, or technical problems or traffic congestion on the Internet or the Website; (iii) unauthorized human intervention in the Entry process or technical or human error which may occur in the administration of or processing of Entries in this Giveaway; (iv) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from entrant’s Entry in this Giveaway; and (vi) theft, tampering, destruction, or unauthorized access to, or alteration of Entries and/or the Website. Sponsor is not responsible for any electronic or typographical errors in the printing, advertisement or reproduction of these Official Rules, in any advertisement or promotional material related to this Giveaway (print or online) or in administration of this Giveaway including but not limited to prize depiction or announcement of the applicable Winners.

By entering this Giveaway, entrant agrees to release, indemnify, and hold harmless Netflix and their officers, directors, employees, and agents from any and all liability whatsoever for any damages, loss, injuries, or death, however occurring, in whole or in part, directly or indirectly, caused by participation in this Giveaway or in connection with acceptance, possession, use, or misuse of the Prize provided pursuant to this Giveaway.

  1. RELEASE OF CLAIMS (CALIFORNIA): Each entrant acknowledges that there is a possibility that, subsequent to their involvement with this Giveaway and adherence to these Official Rules they may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by them at that time may have materially affected their decision to enter this Giveaway. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unknown and unsuspected claims.  Such entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
  2.  DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right to modify, extend or terminate this Giveaway if it determines, in its sole discretion, that this Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Giveaway as contemplated herein. If an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prizes or continuing with this Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state/provincial/territorial or local government law, order, or regulation, public health crisis or governmental restrictions implemented to mitigate a public health crisis (e.g. ZIKA virus or COVID-19), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, extend or terminate this Giveaway. If this Giveaway is terminated before the designated end date, Sponsor will (if possible) select the potential Winners in a random drawing from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
  3. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the prizes awarded shall be resolved individually, without resort to any form of class action, in accordance with the Terms of Use; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the State of California, USA without giving effect to any choice of law or conflict of law rules (whether of State of California, USA or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, USA.
  4. OFFICIAL RULES: For these Official Rules or the name of the Winners, send a self-addressed envelope to: Colourpop Cosmetics, LLC, 1400 Stellar Drive, Oxnard, CA 93033, Attn: ColourPop Giveaway.  Requests must be received by October 26, 2024.

ColourPop® Sweepstakes and Contest Rules 

COLOURPOP’S SUMMER GLOW GIVEAWAY 

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

This Colourpop’s 6/28 Get Cheeky Giveaway (“Giveaway”) is sponsored by Colourpop Cosmetics, LLC, 1400 Stellar Dr., Oxnard, CA 93033 (“Sponsor”). The entry period will start on June 28, 2024 at 10:00:00 AM PT Pacific Time (“PT”) and end on July 3, 2024 at 10:00:00 AM PT (“Entry Period”). Sponsor’s clock is the official Giveaway timekeeper:

By entering this Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and acknowledges that decisions of Sponsor with respect to the Giveaway shall be final and legally binding in all respects and acknowledges that entrant’s participation in the Giveaway will be subject to Sponsor’s Terms of Use (https://colourpop.com/pages/terms) to which the entrant must agree as a condition to participate in the Giveaway. Each entrant understands that they are providing their information to Sponsor and the information provided will be used in accordance with Sponsor’s Privacy Policy (https://colourpop.com/pages/privacy-policy). Should there be conflict between Sponsor’s Terms of Use or Privacy Policy and these Official Rules, these Official Rules shall govern. If an entrant does not fully agree to the terms of the Terms of Use or Privacy Policy, such entrant should not enter this Giveaway. Any personally identifiable information collected during an entrant's Entry (as defined below) in this Giveaway will be collected by Sponsor or its designee and used by Sponsor and/or its designees for purposes of the proper administration, fulfillment, publicizing and promotion of this Giveaway as described in these Official Rules, as stated in Sponsor’s privacy policy or as otherwise expressly consented to by entrant during any separate opt-in opportunity provided to entrant during this Giveaway. 

All entries are the property of Sponsor and will not be acknowledged or returned. Ten (10) Winners will be declared, and one (1) prize will be awarded to each Winner. This Giveaway is subject to federal, state/provincial/territorial, and local laws and regulations. 

This Giveaway is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Twitter, or Meta Platforms, Inc., which is a third party that owns Instagram (individually, the “Social Platform” and collectively, the “Social Platforms”). The Social Platforms are hereby completely released of all liability by each participant in this Giveaway.  Any questions, comments, or complaints regarding this Giveaway must be directed to Sponsor and not to the Social Platforms.  

  1.  ELIGIBILITY: This Giveaway is open only to persons who are legal residents of the United States (50 states or Wash., DC) and are at least eighteen (18) years old at the time of Entry. Employees, representatives, agents, directors, and officers of Sponsor and any of its affiliates (individually and collectively, “Giveaway Entities”) and their immediate families (spouse, domestic partner, children, siblings, parents, grandparents, grandchildren, and step-family members) and/or people living in the same household (related or not) are not eligible to enter.  The Giveaway is void where prohibited by law. Failure to comply with the eligibility criteria set forth in this section will result in disqualification. 
  2.  HOW TO ENTER: No Purchase Necessary.  There is one (1) Entry method, which is described as follows:

During the Entry Period, eligible entrants can participate in this Giveaway by completing the following steps, which vary depending on which Social Platform you are using:

Entry via Instagram: (i) from your Social Platform, Account, like the giveaway post, (ii) comment with the blush shade you want to try, and (iii) you must follow Sponsor @colourpopcosmetics (collectively, an “Eligible Tag”). 

Entry via Facebook: (i) from your Social Platform Account, like the giveaway post, (ii) comment with the blush shade you want to try, and (iii) you must like Sponsor @ @ColourPopCosmetics page (collectively, an “Eligible Tag”).

Each Eligible Tag will receive one (1) entry in this Giveaway, herein referred to as an “Entry” and collectively as the “Entries”. 

By participating in this Giveaway, each Entrant represents and warrants that his/her Eligible Submission is original, he/she owns all right and title thereto, and his/her Eligible Submission does not infringe any third-party intellectual property rights. Entrants agree to assign and hereby do assign to Sponsor the ownership rights to all Eligible Submissions. Upon the Sponsor’s request, Entrants agree to sign any further document(s) as may be deemed necessary by the Sponsor in its sole and absolute discretion to perfect, or give full effect, to such grant and assignment. For clarity  the entrant grants the sponsor, in connection with the Eligible Submission irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the Eligible Submission and all elements thereof, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from you or any third party. 

Once an Entrant submits an Eligible Submission, it cannot be changed or deleted. By entering, each entrant agrees that his or her Eligible Submission conforms to the Submission Guidelines as defined below (“Guidelines”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Giveaway if it believes, in its sole discretion, that the entrant fails to conform to the Guidelines.

If this Giveaway is not completed in accordance with these Official Rules the participant’s Eligible Submission will be voided. Eligible Submissions made by any other individual or any entity, including but not limited to commercial giveaway subscription notification and/or entering services, will be declared invalid and disqualified from this Giveaway. Tampering with the entry process or the operation of this Giveaway is prohibited and any submissions deemed by Sponsor, in its sole and absolute discretion, to have been entered in this manner will be void. Eligible Submissions generated by a script, macro, or other automated means will be disqualified. Eligible Submissions that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an Entrant, the authorized account holder of the email account used to enter the Eligible Submission will be deemed to be the Entrant. “Authorized account holder” is defined as the person who is assigned to an email address by a service provider. Entrants may not share the same email address. Eligible Submissions will be disqualified if they are forged, falsified, altered, or improperly tampered with in any way or if Sponsor determines, in its sole and absolute discretion, that any Eligible Submission does not meet the eligibility and other criteria outlined herein.

  1. ENTRANT RULES & ELIGIBLE SUBMISSION REQUIREMENTS.  

By participating in this Giveaway, each Entrant hereby warrants and represents that any materials associated with his/her Eligible Submission (“Entry Materials”) comply with the following Guidelines: 

  1. are original to him/her and/or that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of submitting such Entry Materials in this Giveaway;
  2. not contain material that is unlawful, in violation of, or contrary to the laws or regulations of the United States or of any jurisdiction where the Eligible Submission is created.;

iii. do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence; 

  1. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party such as copyright, trademark, publicity, or any other intellectual property rights; and,
  2. are not defamatory, trade libelous, pornographic or obscene, and further that such Entry Materials will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained; conduct or other activities in violation of these rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by Sponsor in its sole discretion.       

Sponsor although not obligated to screen content, reserves the right to screen all Entry Materials. Any Entry Materials that Sponsor deems, in its sole discretion, to violate the terms and conditions set forth in these rules are subject to disqualification.  Sponsor reserves the right, at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these rules, or for any other reason.   If such an action is necessary at any point during or after this Giveaway, then Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials and entrant (and therefore the corresponding Entry) to help ensure that this Giveaway is being conducted in accordance with Sponsor’s interpretation of the letter and spirit of these rules.

  1. RANDOM DRAWING: A random drawing will be held on or around July 5, 2024, in Oxnard, CA. Five (5) Entries will be drawn from amongst all eligible entries received per Social Platform, for ten (10) entries in total, as determined by the Sponsor at its sole discretion. The Entries drawn will be declared the potential “Winners”. Entrants are not required to be present to win. Odds of winning depend on the total number of eligible Entries received. 

Odds of winning a prize available depend on the total number of eligible Entries received during the Entry Period. AN ENTRANT IS NOT AN OFFICIAL WINNERS UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, THE SPONSOR’S REQUIRED PRIZE DOCUMENT(S) ARE COMPLETED AND RETURNED, AND THE ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.

  1. NOTIFICATION / PRIZE ACCEPTANCE: The potential Winners will be notified by Sponsor via the Social Platform the Entry was received. Any potential Winner in the United States must accept the prize by returning to Sponsor a completed and personally signed Affidavit of Eligibility and Liability/Publicity Release within forty-eight (48) hours of Sponsor’s first notification attempt. 

Sponsor shall have no liability for any notification that is not received by a potential Winner for any reason. If a potential Winner does not respond to notification and accept the prize as required herein or if prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeit the prize. If a potential Winner is found to be ineligible, has not complied with these Official Rules or declines the prize such potential Winner will be disqualified and forfeit the prize. If a potential Winner is disqualified or forfeits prize, Sponsor may, but shall not be required to, select an alternate potential Winner (in accordance with the procedure above, with necessary amendment) from amongst all remaining eligible Entries. All expenses, taxes or fees on receipt and use of prize are the sole responsibility of the applicable Winner.

  1. PRIZE:  There are ten (10) prizes available to be awarded in the Giveaway in total. The prize to be awarded to each Winner is:

Prize Description

Approximate Retail Value (“ARV”)

  • (1) ColourPop THX Liquid Blush 
  • (1) ColourPop Super Shy Liquid Blush
  • (1) ColourPop Angel Face Liquid Blush 
  • (1) ColourPop IKTR Liquid Blush
  • (1) ColourPop Culver City Liquid Blush
  • (1) ColourPop She’s Cute Liquid Blush
  • (1) ColourPop Wildest Dreams Liquid Blush
  • (1) ColourPop Royal Flush Liquid Blush

$10 USD

$10 USD

$10 USD

$10 USD

$10 USD

$10 USD

$10 USD

$10 USD

TOTAL ARV: $80 USD

Each prize is non-assignable and non-transferable and has no credit or cash value. Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize for one of equal or greater value, for any reason. Each prize will be mailed to each Winner’s street mailing address (cannot ship to a post office box) via regular ground mail or in another manner selected by Sponsor in its sole discretion. The Released Parties (defined below) are not responsible for any delay in the availability or delivery of a prize for any reason whatsoever (including without limitation, delays due to health risks or governmental restrictions, such as those that may be implemented to mitigate COVID-19 transmission) – no confirmed winner nor any other person or entity will be compensated in the event of such delay. The prize ARV represents Sponsor’s good faith determination, is final and binding, and cannot be challenged or appealed. All income and other taxes (federal, state and local) on the prize are the sole responsibility of the applicable Winner.

  1. PUBLICITY RELEASE: Acceptance of the prize constitutes each Winner's permission for Sponsor to use such Winner's name, statements about the Giveaway, product review(s), testimonial (in whole or part), prize information and address (city and state) or other likeness (collectively, “Attributes”) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and each Winner releases Sponsor from all claims arising out of the use of such Attributes.
  2. ENTRY CONDITIONS AND RELEASES: By entering this Giveaway, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, administrators, representatives, insurers and assigns: (A) to release and hold harmless and indemnify the Giveaway Entities, all individuals and entities involved in fulfilling, administering, advertising or promoting this Giveaway, and each of their respective past and present officers, directors, parent companies, subsidiaries, affiliates, employees, representatives, licensees, successors, assigns and agents (collectively, “Released Parties”) from any and all claims, expenses, liabilities, personal injury, death, illness, property loss, litigation or damages of any kind to persons and/or property (including but not limited to invasion of privacy under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights) that may occur, directly or indirectly, whether caused by negligence or not, arising out of such entrant’s participation or Entry in Giveaway and/or such entrant’s acceptance, possession, use and/or misuse of the prize; and (B) to indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses and/or liabilities arising out of or relating to such entrant’s participation or Entry in this Giveaway and/or entrant’s acceptance, use and/or misuse of prize. Released Parties are not responsible for, and each entrant hereby releases the Released Parties from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete text messages, emails and  Entries not received by the time designated for the applicable Entry Period; (ii) failure of the Short Code during the Contest or any other technical failure of any kind, including but not limited to the malfunctions or interruptions of any computer, equipment, cable, network, hardware or software, programming, or technical problems or traffic congestion on the Internet or the Website; (iii) unauthorized human intervention in the Entry process or technical or human error which may occur in the administration of or processing of Entries in this Giveaway; (iv) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from entrant’s Entry in this Giveaway; and (vi) theft, tampering, destruction, or unauthorized access to, or alteration of Entries and/or the Website. Sponsor is not responsible for any electronic or typographical errors in the printing, advertisement or reproduction of these Official Rules, in any advertisement or promotional material related to this Giveaway (print or online) or in administration of this Giveaway including but not limited to prize depiction or announcement of the applicable Winners.
  3. RELEASE OF CLAIMS (CALIFORNIA): Each entrant acknowledges that there is a possibility that, subsequent to their involvement with this Giveaway and adherence to these Official Rules they may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by them at that time may have materially affected their decision to enter this Giveaway. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unknown and unsuspected claims.  Such entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
  4.  DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right to modify, extend or terminate this Giveaway if it determines, in its sole discretion, that this Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Giveaway as contemplated herein. If an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prizes or continuing with this Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state/provincial/territorial or local government law, order, or regulation, public health crisis or governmental restrictions implemented to mitigate a public health crisis  (e.g. ZIKA virus or COVID-19), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, extend or terminate this Giveaway. If this Giveaway is terminated before the designated end date, Sponsor will (if possible) select the potential Winners in a random drawing from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
  5. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the prizes awarded shall be resolved individually, without resort to any form of class action, in accordance with the Terms of Use; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the State of California, USA without giving effect to any choice of law or conflict of law rules (whether of State of California, USA or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, USA. 

12. OFFICIAL RULES: For these Official Rules or the name of the Winners, send a self-addressed envelope to: Colourpop Cosmetics, LLC, 1400 Stellar Drive, Oxnard, CA 93033, Attn: Leslie Mendez.  Requests must be received by July 20, 2024.

COLOURPOP’S PERFECT POUT GIVEAWAY  

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

This Colourpop’s 8/23 Perfect Pout Giveaway (“Giveaway”) is sponsored by Colourpop Cosmetics, LLC, 1400 Stellar Dr., Oxnard, CA 93033 (“Sponsor”). The entry period will start on August 23, 2024 at 2:00:00 PM PT Pacific Time (“PT”) and end on August 27, 2024 at 2:00:00 PM PT (“Entry Period”). Sponsor’s clock is the official Giveaway timekeeper:

By entering this Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and acknowledges that decisions of Sponsor with respect to the Giveaway shall be final and legally binding in all respects and acknowledges that entrant’s participation in the Giveaway will be subject to Sponsor’s Terms of Use (https://colourpop.com/pages/terms) to which the entrant must agree as a condition to participate in the Giveaway. Each entrant understands that they are providing their information to Sponsor and the information provided will be used in accordance with Sponsor’s Privacy Policy (https://colourpop.com/pages/privacy-policy). Should there be conflict between Sponsor’s Terms of Use or Privacy Policy and these Official Rules, these Official Rules shall govern. If an entrant does not fully agree to the terms of the Terms of Use or Privacy Policy, such entrant should not enter this Giveaway. Any personally identifiable information collected during an entrant's Entry (as defined below) in this Giveaway will be collected by Sponsor or its designee and used by Sponsor and/or its designees for purposes of the proper administration, fulfillment, publicizing and promotion of this Giveaway as described in these Official Rules, as stated in Sponsor’s privacy policy or as otherwise expressly consented to by entrant during any separate opt-in opportunity provided to entrant during this Giveaway. 

All entries are the property of Sponsor and will not be acknowledged or returned. Six (6) Winners will be declared, and one (1) prize will be awarded to each Winner. This Giveaway is subject to federal, state/provincial/territorial, and local laws and regulations. 

This Giveaway is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Twitter, or Meta Platforms, Inc., which is a third party that owns Instagram (individually, the “Social Platform” and collectively, the “Social Platforms”). The Social Platforms are hereby completely released of all liability by each participant in this Giveaway.  Any questions, comments, or complaints regarding this Giveaway must be directed to Sponsor and not to the Social Platforms.  

  1.  ELIGIBILITY: This Giveaway is open only to persons who are legal residents of the United States (50 states or Wash., DC) and are at least eighteen (18) years old at the time of Entry. Employees, representatives, agents, directors, and officers of Sponsor and any of its affiliates (individually and collectively, “Giveaway Entities”) and their immediate families (spouse, domestic partner, children, siblings, parents, grandparents, grandchildren, and step-family members) and/or people living in the same household (related or not) are not eligible to enter. The Giveaway is void where prohibited by law. Failure to comply with the eligibility criteria set forth in this section will result in disqualification. 
  2.  HOW TO ENTER: No Purchase Necessary.  There is one (1) Entry method, which is described as follows:

During the Entry Period, eligible entrants can participate in this Giveaway by completing the following steps, which vary depending on which Social Platform you are using:

Entry via Instagram: (i) from your Social Platform, Account, like the giveaway post, (ii) comment with which lipstick shade you want to try, and (iii) you must follow Sponsor @colourpopcosmetics (collectively, an “Eligible Tag”). 

Entry via Facebook: (i) from your Social Platform Account, like the giveaway post, (ii) comment with which lipstick shade you want to try, and (iii) you must Follow Sponsor @ColourPopCosmetics page (collectively, an “Eligible Tag”).

Each Eligible Tag will receive one (1) entry in this Giveaway, herein referred to as an “Entry” and collectively as the “Entries”. 

By participating in this Giveaway, each Entrant represents and warrants that his/her Eligible Submission is original, he/she owns all right and title thereto, and his/her Eligible Submission does not infringe any third-party intellectual property rights. Entrants agree to assign and hereby do assign to Sponsor the ownership rights to all Eligible Submissions. Upon the Sponsor’s request, Entrants agree to sign any further document(s) as may be deemed necessary by the Sponsor in its sole and absolute discretion to perfect, or give full effect, to such grant and assignment. For clarity  the entrant grants the sponsor, in connection with the Eligible Submission irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the Eligible Submission and all elements thereof, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from you or any third party. 

Once an Entrant submits an Eligible Submission, it cannot be changed or deleted. By entering, each entrant agrees that his or her Eligible Submission conforms to the Submission Guidelines as defined below (“Guidelines”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Giveaway if it believes, in its sole discretion, that the entrant fails to conform to the Guidelines.

If this Giveaway is not completed in accordance with these Official Rules the participant’s Eligible Submission will be voided. Eligible Submissions made by any other individual or any entity, including but not limited to commercial giveaway subscription notification and/or entering services, will be declared invalid and disqualified from this Giveaway. Tampering with the entry process or the operation of this Giveaway is prohibited and any submissions deemed by Sponsor, in its sole and absolute discretion, to have been entered in this manner will be void. Eligible Submissions generated by a script, macro, or other automated means will be disqualified. Eligible Submissions that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an Entrant, the authorized account holder of the email account used to enter the Eligible Submission will be deemed to be the Entrant. “Authorized account holder” is defined as the person who is assigned to an email address by a service provider. Entrants may not share the same email address. Eligible Submissions will be disqualified if they are forged, falsified, altered, or improperly tampered with in any way or if Sponsor determines, in its sole and absolute discretion, that any Eligible Submission does not meet the eligibility and other criteria outlined herein.

  1. ENTRANT RULES & ELIGIBLE SUBMISSION REQUIREMENTS.  

By participating in this Giveaway, each Entrant hereby warrants and represents that any materials associated with his/her Eligible Submission (“Entry Materials”) comply with the following Guidelines: 

  1. are original to him/her and/or that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of submitting such Entry Materials in this Giveaway;
  2. not contain material that is unlawful, in violation of, or contrary to the laws or regulations of the United States or of any jurisdiction where the Eligible Submission is created.;

iii. do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence; 

  1. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party such as copyright, trademark, publicity, or any other intellectual property rights; and,
  2. are not defamatory, trade libelous, pornographic or obscene, and further that such Entry Materials will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained; conduct or other activities in violation of these rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by Sponsor in its sole discretion.       

Sponsor although not obligated to screen content, reserves the right to screen all Entry Materials. Any Entry Materials that Sponsor deems, in its sole discretion, to violate the terms and conditions set forth in these rules are subject to disqualification.  Sponsor reserves the right, at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these rules, or for any other reason.   If such an action is necessary at any point during or after this Giveaway, then Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials and entrant (and therefore the corresponding Entry) to help ensure that this Giveaway is being conducted in accordance with Sponsor’s interpretation of the letter and spirit of these rules.

  1. RANDOM DRAWING: A random drawing will be held on or around August 15, 2024, in Oxnard, CA. Three (3) Entries will be drawn from amongst all eligible entries received per Social Platform, for six (6) entries in total, as determined by the Sponsor at its sole discretion. The Entries drawn will be declared the potential “Winners”. Entrants are not required to be present to win. Odds of winning depend on the total number of eligible Entries received. 

Odds of winning a prize available depend on the total number of eligible Entries received during the Entry Period. AN ENTRANT IS NOT AN OFFICIAL WINNERS UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, THE SPONSOR’S REQUIRED PRIZE DOCUMENT(S) ARE COMPLETED AND RETURNED, AND THE ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.

  1. NOTIFICATION / PRIZE ACCEPTANCE: The potential Winners will be notified by Sponsor via the Social Platform the Entry was received. Any potential Winner in the United States must accept the prize by returning to Sponsor a completed and personally signed Affidavit of Eligibility and Liability/Publicity Release within forty-eight (48) hours of Sponsor’s first notification attempt. 

Sponsor shall have no liability for any notification that is not received by a potential Winner for any reason. If a potential Winner does not respond to notification and accept the prize as required herein or if prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeit the prize. If a potential Winner is found to be ineligible, has not complied with these Official Rules or declines the prize such potential Winner will be disqualified and forfeit the prize. If a potential Winner is disqualified or forfeits prize, Sponsor may, but shall not be required to, select an alternate potential Winner (in accordance with the procedure above, with necessary amendment) from amongst all remaining eligible Entries. All expenses, taxes or fees on receipt and use of prize are the sole responsibility of the applicable Winner.

  1. PRIZE:  There are six (6) prizes available to be awarded in the Giveaway in total. The prize to be awarded to each Winner is:

Prize Description

Approximate Retail Value (“ARV”)

  • (1) So Iconic Power Pout Lipstick Full Collection

$140 USD

TOTAL ARV: $140 USD

Each prize is non-assignable and non-transferable and has no credit or cash value. Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize for one of equal or greater value, for any reason. Each prize will be mailed to each Winner’s street mailing address (cannot ship to a post office box) via regular ground mail or in another manner selected by Sponsor in its sole discretion. The Released Parties (defined below) are not responsible for any delay in the availability or delivery of a prize for any reason whatsoever (including without limitation, delays due to health risks or governmental restrictions, such as those that may be implemented to mitigate COVID-19 transmission) – no confirmed winner nor any other person or entity will be compensated in the event of such delay. The prize ARV represents Sponsor’s good faith determination, is final and binding, and cannot be challenged or appealed. All income and other taxes (federal, state and local) on the prize are the sole responsibility of the applicable Winner.

  1. PUBLICITY RELEASE: Acceptance of the prize constitutes each Winner's permission for Sponsor to use such Winner's name, statements about the Giveaway, product review(s), testimonial (in whole or part), prize information and address (city and state) or other likeness (collectively, “Attributes”) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and each Winner releases Sponsor from all claims arising out of the use of such Attributes.
  2. ENTRY CONDITIONS AND RELEASES: By entering this Giveaway, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, administrators, representatives, insurers and assigns: (A) to release and hold harmless and indemnify the Giveaway Entities, all individuals and entities involved in fulfilling, administering, advertising or promoting this Giveaway, and each of their respective past and present officers, directors, parent companies, subsidiaries, affiliates, employees, representatives, licensees, successors, assigns and agents (collectively, “Released Parties”) from any and all claims, expenses, liabilities, personal injury, death, illness, property loss, litigation or damages of any kind to persons and/or property (including but not limited to invasion of privacy under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights) that may occur, directly or indirectly, whether caused by negligence or not, arising out of such entrant’s participation or Entry in Giveaway and/or such entrant’s acceptance, possession, use and/or misuse of the prize; and (B) to indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses and/or liabilities arising out of or relating to such entrant’s participation or Entry in this Giveaway and/or entrant’s acceptance, use and/or misuse of prize. Released Parties are not responsible for, and each entrant hereby releases the Released Parties from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete text messages, emails and  Entries not received by the time designated for the applicable Entry Period; (ii) failure of the Short Code during the Contest or any other technical failure of any kind, including but not limited to the malfunctions or interruptions of any computer, equipment, cable, network, hardware or software, programming, or technical problems or traffic congestion on the Internet or the Website; (iii) unauthorized human intervention in the Entry process or technical or human error which may occur in the administration of or processing of Entries in this Giveaway; (iv) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from entrant’s Entry in this Giveaway; and (vi) theft, tampering, destruction, or unauthorized access to, or alteration of Entries and/or the Website. Sponsor is not responsible for any electronic or typographical errors in the printing, advertisement or reproduction of these Official Rules, in any advertisement or promotional material related to this Giveaway (print or online) or in administration of this Giveaway including but not limited to prize depiction or announcement of the applicable Winners.
  3. RELEASE OF CLAIMS (CALIFORNIA): Each entrant acknowledges that there is a possibility that, subsequent to their involvement with this Giveaway and adherence to these Official Rules they may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by them at that time may have materially affected their decision to enter this Giveaway. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unknown and unsuspected claims.  Such entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
  4.  DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right to modify, extend or terminate this Giveaway if it determines, in its sole discretion, that this Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Giveaway as contemplated herein. If an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prizes or continuing with this Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state/provincial/territorial or local government law, order, or regulation, public health crisis or governmental restrictions implemented to mitigate a public health crisis  (e.g. ZIKA virus or COVID-19), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, extend or terminate this Giveaway. If this Giveaway is terminated before the designated end date, Sponsor will (if possible) select the potential Winners in a random drawing from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
  5. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the prizes awarded shall be resolved individually, without resort to any form of class action, in accordance with the Terms of Use; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the State of California, USA without giving effect to any choice of law or conflict of law rules (whether of State of California, USA or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, USA. 

12. OFFICIAL RULES: For these Official Rules or the name of the Winners, send a self-addressed envelope to: Colourpop Cosmetics, LLC, 1400 Stellar Drive, Oxnard, CA 93033, Attn: ColourPop Giveaway.  Requests must be received by September 10, 2024.

COLOURPOP’S LOVE AT FIRST BLUSH GIVEAWAY  

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

This Colourpop’s 8/8 Love at First Blush Giveaway (“Giveaway”) is sponsored by Colourpop Cosmetics, LLC, 1400 Stellar Dr., Oxnard, CA 93033 (“Sponsor”). The entry period will start on August 8, 2024 at 2:00:00 PM PT Pacific Time (“PT”) and end on August 13, 2024 at 2:00:00 PM PT (“Entry Period”). Sponsor’s clock is the official Giveaway timekeeper:

By entering this Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and acknowledges that decisions of Sponsor with respect to the Giveaway shall be final and legally binding in all respects and acknowledges that entrant’s participation in the Giveaway will be subject to Sponsor’s Terms of Use (https://colourpop.com/pages/terms) to which the entrant must agree as a condition to participate in the Giveaway. Each entrant understands that they are providing their information to Sponsor and the information provided will be used in accordance with Sponsor’s Privacy Policy (https://colourpop.com/pages/privacy-policy). Should there be conflict between Sponsor’s Terms of Use or Privacy Policy and these Official Rules, these Official Rules shall govern. If an entrant does not fully agree to the terms of the Terms of Use or Privacy Policy, such entrant should not enter this Giveaway. Any personally identifiable information collected during an entrant's Entry (as defined below) in this Giveaway will be collected by Sponsor or its designee and used by Sponsor and/or its designees for purposes of the proper administration, fulfillment, publicizing and promotion of this Giveaway as described in these Official Rules, as stated in Sponsor’s privacy policy or as otherwise expressly consented to by entrant during any separate opt-in opportunity provided to entrant during this Giveaway. 

All entries are the property of Sponsor and will not be acknowledged or returned. Ten (10) Winners will be declared, and one (1) prize will be awarded to each Winner. This Giveaway is subject to federal, state/provincial/territorial, and local laws and regulations. 

This Giveaway is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Twitter, or Meta Platforms, Inc., which is a third party that owns Instagram (individually, the “Social Platform” and collectively, the “Social Platforms”). The Social Platforms are hereby completely released of all liability by each participant in this Giveaway.  Any questions, comments, or complaints regarding this Giveaway must be directed to Sponsor and not to the Social Platforms.  

  1.  ELIGIBILITY: This Giveaway is open only to persons who are legal residents of the United States (50 states or Wash., DC) and are at least eighteen (18) years old at the time of Entry. Employees, representatives, agents, directors, and officers of Sponsor and any of its affiliates (individually and collectively, “Giveaway Entities”) and their immediate families (spouse, domestic partner, children, siblings, parents, grandparents, grandchildren, and step-family members) and/or people living in the same household (related or not) are not eligible to enter. The Giveaway is void where prohibited by law. Failure to comply with the eligibility criteria set forth in this section will result in disqualification. 
  2.  HOW TO ENTER: No Purchase Necessary.  There is one (1) Entry method, which is described as follows:

During the Entry Period, eligible entrants can participate in this Giveaway by completing the following steps, which vary depending on which Social Platform you are using:

Entry via Instagram: (i) from your Social Platform, Account, like the giveaway post, (ii) comment with what blush shade you want to try, and (iii) you must follow Sponsor @colourpopcosmetics (collectively, an “Eligible Tag”). 

Entry via Facebook: (i) from your Social Platform Account, like the giveaway post, (ii) comment with which blush shade you want to try, and (iii) you must Follow Sponsor @ColourPopCosmetics page (collectively, an “Eligible Tag”).

Each Eligible Tag will receive one (1) entry in this Giveaway, herein referred to as an “Entry” and collectively as the “Entries”. 

By participating in this Giveaway, each Entrant represents and warrants that his/her Eligible Submission is original, he/she owns all right and title thereto, and his/her Eligible Submission does not infringe any third-party intellectual property rights. Entrants agree to assign and hereby do assign to Sponsor the ownership rights to all Eligible Submissions. Upon the Sponsor’s request, Entrants agree to sign any further document(s) as may be deemed necessary by the Sponsor in its sole and absolute discretion to perfect, or give full effect, to such grant and assignment. For clarity  the entrant grants the sponsor, in connection with the Eligible Submission irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the Eligible Submission and all elements thereof, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from you or any third party. 

Once an Entrant submits an Eligible Submission, it cannot be changed or deleted. By entering, each entrant agrees that his or her Eligible Submission conforms to the Submission Guidelines as defined below (“Guidelines”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Giveaway if it believes, in its sole discretion, that the entrant fails to conform to the Guidelines.

If this Giveaway is not completed in accordance with these Official Rules the participant’s Eligible Submission will be voided. Eligible Submissions made by any other individual or any entity, including but not limited to commercial giveaway subscription notification and/or entering services, will be declared invalid and disqualified from this Giveaway. Tampering with the entry process or the operation of this Giveaway is prohibited and any submissions deemed by Sponsor, in its sole and absolute discretion, to have been entered in this manner will be void. Eligible Submissions generated by a script, macro, or other automated means will be disqualified. Eligible Submissions that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an Entrant, the authorized account holder of the email account used to enter the Eligible Submission will be deemed to be the Entrant. “Authorized account holder” is defined as the person who is assigned to an email address by a service provider. Entrants may not share the same email address. Eligible Submissions will be disqualified if they are forged, falsified, altered, or improperly tampered with in any way or if Sponsor determines, in its sole and absolute discretion, that any Eligible Submission does not meet the eligibility and other criteria outlined herein.

  1. ENTRANT RULES & ELIGIBLE SUBMISSION REQUIREMENTS.  

By participating in this Giveaway, each Entrant hereby warrants and represents that any materials associated with his/her Eligible Submission (“Entry Materials”) comply with the following Guidelines: 

  1. are original to him/her and/or that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of submitting such Entry Materials in this Giveaway;
  2. not contain material that is unlawful, in violation of, or contrary to the laws or regulations of the United States or of any jurisdiction where the Eligible Submission is created.;

iii. do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence; 

  1. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party such as copyright, trademark, publicity, or any other intellectual property rights; and,
  2. are not defamatory, trade libelous, pornographic or obscene, and further that such Entry Materials will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained; conduct or other activities in violation of these rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by Sponsor in its sole discretion.       

Sponsor although not obligated to screen content, reserves the right to screen all Entry Materials. Any Entry Materials that Sponsor deems, in its sole discretion, to violate the terms and conditions set forth in these rules are subject to disqualification.  Sponsor reserves the right, at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these rules, or for any other reason.   If such an action is necessary at any point during or after this Giveaway, then Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials and entrant (and therefore the corresponding Entry) to help ensure that this Giveaway is being conducted in accordance with Sponsor’s interpretation of the letter and spirit of these rules.

  1. RANDOM DRAWING: A random drawing will be held on or around August 15, 2024, in Oxnard, CA. Five (5) Entries will be drawn from amongst all eligible entries received per Social Platform, for ten (10) entries in total, as determined by the Sponsor at its sole discretion. The Entries drawn will be declared the potential “Winners”. Entrants are not required to be present to win. Odds of winning depend on the total number of eligible Entries received. 

Odds of winning a prize available depend on the total number of eligible Entries received during the Entry Period. AN ENTRANT IS NOT AN OFFICIAL WINNERS UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, THE SPONSOR’S REQUIRED PRIZE DOCUMENT(S) ARE COMPLETED AND RETURNED, AND THE ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.

  1. NOTIFICATION / PRIZE ACCEPTANCE: The potential Winners will be notified by Sponsor via the Social Platform the Entry was received. Any potential Winner in the United States must accept the prize by returning to Sponsor a completed and personally signed Affidavit of Eligibility and Liability/Publicity Release within forty-eight (48) hours of Sponsor’s first notification attempt. 

Sponsor shall have no liability for any notification that is not received by a potential Winner for any reason. If a potential Winner does not respond to notification and accept the prize as required herein or if prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeit the prize. If a potential Winner is found to be ineligible, has not complied with these Official Rules or declines the prize such potential Winner will be disqualified and forfeit the prize. If a potential Winner is disqualified or forfeits prize, Sponsor may, but shall not be required to, select an alternate potential Winner (in accordance with the procedure above, with necessary amendment) from amongst all remaining eligible Entries. All expenses, taxes or fees on receipt and use of prize are the sole responsibility of the applicable Winner.

  1. PRIZE:  There are ten (10) prizes available to be awarded in the Giveaway in total. The prize to be awarded to each Winner is:

Prize Description

Approximate Retail Value (“ARV”)

  • (1) Lucky U Liquid Blush
  • (1) Adore You Liquid Blush
  • (1) Verified Liquid Blush
  • (1) Larchmont Village Liquid Blush
  • (1) Second Date Liquid Blush
  • (1) Baby Bunny Liquid Blush
  • (1) It’s A Look Liquid Blush
  • (1) Girls Night Liquid Blush

$10 USD

$10 USD

$10 USD

$10 USD

$10 USD

$10 USD

$10 USD

$10 USD

TOTAL ARV: $80 USD

Each prize is non-assignable and non-transferable and has no credit or cash value. Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize for one of equal or greater value, for any reason. Each prize will be mailed to each Winner’s street mailing address (cannot ship to a post office box) via regular ground mail or in another manner selected by Sponsor in its sole discretion. The Released Parties (defined below) are not responsible for any delay in the availability or delivery of a prize for any reason whatsoever (including without limitation, delays due to health risks or governmental restrictions, such as those that may be implemented to mitigate COVID-19 transmission) – no confirmed winner nor any other person or entity will be compensated in the event of such delay. The prize ARV represents Sponsor’s good faith determination, is final and binding, and cannot be challenged or appealed. All income and other taxes (federal, state and local) on the prize are the sole responsibility of the applicable Winner.

  1. PUBLICITY RELEASE: Acceptance of the prize constitutes each Winner's permission for Sponsor to use such Winner's name, statements about the Giveaway, product review(s), testimonial (in whole or part), prize information and address (city and state) or other likeness (collectively, “Attributes”) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and each Winner releases Sponsor from all claims arising out of the use of such Attributes.
  2. ENTRY CONDITIONS AND RELEASES: By entering this Giveaway, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, administrators, representatives, insurers and assigns: (A) to release and hold harmless and indemnify the Giveaway Entities, all individuals and entities involved in fulfilling, administering, advertising or promoting this Giveaway, and each of their respective past and present officers, directors, parent companies, subsidiaries, affiliates, employees, representatives, licensees, successors, assigns and agents (collectively, “Released Parties”) from any and all claims, expenses, liabilities, personal injury, death, illness, property loss, litigation or damages of any kind to persons and/or property (including but not limited to invasion of privacy under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights) that may occur, directly or indirectly, whether caused by negligence or not, arising out of such entrant’s participation or Entry in Giveaway and/or such entrant’s acceptance, possession, use and/or misuse of the prize; and (B) to indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses and/or liabilities arising out of or relating to such entrant’s participation or Entry in this Giveaway and/or entrant’s acceptance, use and/or misuse of prize. Released Parties are not responsible for, and each entrant hereby releases the Released Parties from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete text messages, emails and  Entries not received by the time designated for the applicable Entry Period; (ii) failure of the Short Code during the Contest or any other technical failure of any kind, including but not limited to the malfunctions or interruptions of any computer, equipment, cable, network, hardware or software, programming, or technical problems or traffic congestion on the Internet or the Website; (iii) unauthorized human intervention in the Entry process or technical or human error which may occur in the administration of or processing of Entries in this Giveaway; (iv) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from entrant’s Entry in this Giveaway; and (vi) theft, tampering, destruction, or unauthorized access to, or alteration of Entries and/or the Website. Sponsor is not responsible for any electronic or typographical errors in the printing, advertisement or reproduction of these Official Rules, in any advertisement or promotional material related to this Giveaway (print or online) or in administration of this Giveaway including but not limited to prize depiction or announcement of the applicable Winners.
  3. RELEASE OF CLAIMS (CALIFORNIA): Each entrant acknowledges that there is a possibility that, subsequent to their involvement with this Giveaway and adherence to these Official Rules they may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by them at that time may have materially affected their decision to enter this Giveaway. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unknown and unsuspected claims.  Such entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
  4.  DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right to modify, extend or terminate this Giveaway if it determines, in its sole discretion, that this Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Giveaway as contemplated herein. If an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prizes or continuing with this Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state/provincial/territorial or local government law, order, or regulation, public health crisis or governmental restrictions implemented to mitigate a public health crisis  (e.g. ZIKA virus or COVID-19), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, extend or terminate this Giveaway. If this Giveaway is terminated before the designated end date, Sponsor will (if possible) select the potential Winners in a random drawing from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
  5. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the prizes awarded shall be resolved individually, without resort to any form of class action, in accordance with the Terms of Use; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the State of California, USA without giving effect to any choice of law or conflict of law rules (whether of State of California, USA or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, USA. 

12. OFFICIAL RULES: For these Official Rules or the name of the Winners, send a self-addressed envelope to: Colourpop Cosmetics, LLC, 1400 Stellar Drive, Oxnard, CA 93033, Attn: ColourPop Giveaway.  Requests must be received by August 30, 2024.

 

COLOURPOP’S BRAND TRIP TO NANTUCKET GIVEAWAY 

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

This Colourpop’s Brand Trip to Nantucket Giveaway (“Giveaway”) is sponsored by Colourpop Cosmetics, LLC, 1400 Stellar Dr., Oxnard, CA 93033 (“Sponsor”). The entry period will start on July 1, 2024 at 10:00:00 AM PT Pacific Time (“PT”) and end on July 5, 2024 at 10:00:00 AM PT (“Entry Period”). Sponsor’s clock is the official Giveaway timekeeper:

By entering this Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and acknowledges that decisions of Sponsor with respect to the Giveaway shall be final and legally binding in all respects and acknowledges that entrant’s participation in the Giveaway will be subject to Sponsor’s Terms of Use (https://colourpop.com/pages/terms) to which the entrant must agree as a condition to participate in the Giveaway. Each entrant understands that they are providing their information to Sponsor and the information provided will be used in accordance with Sponsor’s Privacy Policy (https://colourpop.com/pages/privacy-policy). Should there be conflict between Sponsor’s Terms of Use or Privacy Policy and these Official Rules, these Official Rules shall govern. If an entrant does not fully agree to the terms of the Terms of Use or Privacy Policy, such entrant should not enter this Giveaway. Any personally identifiable information collected during an entrant's Entry (as defined below) in this Giveaway will be collected by Sponsor or its designee and used by Sponsor and/or its designees for purposes of the proper administration, fulfillment, publicizing and promotion of this Giveaway as described in these Official Rules, as stated in Sponsor’s privacy policy or as otherwise expressly consented to by entrant during any separate opt-in opportunity provided to entrant during this Giveaway. 

All entries are the property of Sponsor and will not be acknowledged or returned. One (1) Winner will be declared, and one (1) prize will be awarded to the Winner. This Giveaway is subject to federal, state/provincial/territorial, and local laws and regulations. 

This Giveaway is in no way sponsored, endorsed, or administered by, or associated with, Facebook, or Meta Platforms, Inc., which is a third party that owns Instagram (the “Social Platform”). The Social Platform are hereby completely released of all liability by each participant in this Giveaway.  Any questions, comments, or complaints regarding this Giveaway must be directed to Sponsor and not to the Social Platforms.  

  1.  ELIGIBILITY: This Giveaway is open only to persons who are legal residents of the United States (50 states or Wash., DC) and are at least eighteen (18) years old at the time of Entry. Employees, representatives, agents, directors, and officers of Sponsor and any of its affiliates (individually and collectively, “Giveaway Entities”) and their immediate families (spouse, domestic partner, children, siblings, parents, grandparents, grandchildren, and step-family members) and/or people living in the same household (related or not) are not eligible to enter.  The Giveaway is void where prohibited by law. Failure to comply with the eligibility criteria set forth in this section will result in disqualification. 
  2.  HOW TO ENTER: No Purchase Necessary.  There is one (1) Entry method, which is described as follows:

During the Entry Period, eligible Entrants can participate in this Giveaway by completing the following steps: (i) you must follow Sponsor @colourpopcosmetics from your Instagram Account, (ii) you must fill out the google form found at this link (https://docs.google.com/forms/d/e/1FAIpQLSej1DLgLtA7T-iY-UKn6RmB4CkhsPS6EJlCXpyTOYFPZoVQ9w/viewform ), and (iii) you must be available to travel from July 23 to July 26 (collectively, an “Eligible Entry”). Each Eligible Entry will receive one (1) entry in this Giveaway. 

Each Eligible Entry received during the Entry Period is herein referred to as an “Entry” and collectively as the “Entries”.

By participating in this Giveaway, each Entrant represents and warrants that his/her Eligible Submission is original, he/she owns all right and title thereto, and his/her Eligible Submission does not infringe any third-party intellectual property rights. Entrants agree to assign and hereby do assign to Sponsor the ownership rights to all Eligible Submissions. Upon the Sponsor’s request, Entrants agree to sign any further document(s) as may be deemed necessary by the Sponsor in its sole and absolute discretion to perfect, or give full effect, to such grant and assignment. For clarity  the entrant grants the sponsor, in connection with the Eligible Submission irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the Eligible Submission and all elements thereof, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from you or any third party. 

Once an Entrant submits an Eligible Submission, it cannot be changed or deleted. By entering, each entrant agrees that his or her Eligible Submission conforms to the Submission Guidelines as defined below (“Guidelines”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Giveaway if it believes, in its sole discretion, that the entrant fails to conform to the Guidelines.

If this Giveaway is not completed in accordance with these Official Rules the participant’s Eligible Submission will be voided. Eligible Submissions made by any other individual or any entity, including but not limited to commercial giveaway subscription notification and/or entering services, will be declared invalid and disqualified from this Giveaway. Tampering with the entry process or the operation of this Giveaway is prohibited and any submissions deemed by Sponsor, in its sole and absolute discretion, to have been entered in this manner will be void. Eligible Submissions generated by a script, macro, or other automated means will be disqualified. Eligible Submissions that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an Entrant, the authorized account holder of the email account used to enter the Eligible Submission will be deemed to be the Entrant. “Authorized account holder” is defined as the person who is assigned to an email address by a service provider. Entrants may not share the same email address. Eligible Submissions will be disqualified if they are forged, falsified, altered, or improperly tampered with in any way or if Sponsor determines, in its sole and absolute discretion, that any Eligible Submission does not meet the eligibility and other criteria outlined herein.

  1. ENTRANT RULES & ELIGIBLE SUBMISSION REQUIREMENTS.  

By participating in this Giveaway, each Entrant hereby warrants and represents that any materials associated with his/her Eligible Submission (“Entry Materials”) comply with the following Guidelines: 

  1. are original to him/her and/or that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of submitting such Entry Materials in this Giveaway;
  2. not contain material that is unlawful, in violation of, or contrary to the laws or regulations of the United States or of any jurisdiction where the Eligible Submission is created.;

iii. do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence; 

  1. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party such as copyright, trademark, publicity, or any other intellectual property rights; and,
  2. are not defamatory, trade libelous, pornographic or obscene, and further that such Entry Materials will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained; conduct or other activities in violation of these rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by Sponsor in its sole discretion.       

Sponsor although not obligated to screen content, reserves the right to screen all Entry Materials. Any Entry Materials that Sponsor deems, in its sole discretion, to violate the terms and conditions set forth in these rules are subject to disqualification.  Sponsor reserves the right, at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these rules, or for any other reason.   If such an action is necessary at any point during or after this Giveaway, then Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials and entrant (and therefore the corresponding Entry) to help ensure that this Giveaway is being conducted in accordance with Sponsor’s interpretation of the letter and spirit of these rules.

  1. RANDOM DRAWING: A random drawing will be held on or around July 6, 2024, in Oxnard, CA. One (1) Entry will be drawn from amongst all eligible entries received as determined by the Sponsor at its sole discretion. The Entry drawn will be declared the potential “Winner”. Entrants are not required to be present to win. Odds of winning depend on the total number of eligible Entries received. 

Odds of winning a prize available depend on the total number of eligible Entries received during the Entry Period. AN ENTRANT IS NOT AN OFFICIAL WINNERS UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, THE SPONSOR’S REQUIRED PRIZE DOCUMENT(S) ARE COMPLETED AND RETURNED, AND THE ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.

  1. NOTIFICATION / PRIZE ACCEPTANCE: The potential Winners will be notified by Sponsor via the Social Platform the Entry was received. Any potential Winner in the United States must accept the prize by returning to Sponsor a completed and personally signed Affidavit of Eligibility and Liability/Publicity Release within twenty-four (24) hours of Sponsor’s first notification attempt. 

Sponsor shall have no liability for any notification that is not received by a potential Winner for any reason. If a potential Winner does not respond to notification and accept the prize as required herein or if prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeit the prize. If a potential Winner is found to be ineligible, has not complied with these Official Rules or declines the prize such potential Winner will be disqualified and forfeit the prize. If a potential Winner is disqualified or forfeits prize, Sponsor may, but shall not be required to, select an alternate potential Winner (in accordance with the procedure above, with necessary amendment) from amongst all remaining eligible Entries. All expenses, taxes or fees on receipt and use of prize are the sole responsibility of the applicable Winner.

  1. PRIZE:  There is one (1) prize available to be awarded in the Giveaway in total. The prize to be awarded to each Winner is:

Prize Description

Approximate Retail Value (“ARV”)

  • (1) Roundtrip Flight to Nantucket from anywhere in the United States
  • (1) Hotel room in Nantucket from 7/23/24 – 7/26/24
  • Additional Gifts and Activities to be Determined





TOTAL ARV: $5000 USD

Each prize is non-assignable and non-transferable and has no credit or cash value. Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize for one of equal or greater value, for any reason. Each prize will be mailed to each Winner’s street mailing address (cannot ship to a post office box) via regular ground mail or in another manner selected by Sponsor in its sole discretion. The Released Parties (defined below) are not responsible for any delay in the availability or delivery of a prize for any reason whatsoever (including without limitation, delays due to health risks or governmental restrictions, such as those that may be implemented to mitigate COVID-19 transmission) – no confirmed winner nor any other person or entity will be compensated in the event of such delay. The prize ARV represents Sponsor’s good faith determination, is final and binding, and cannot be challenged or appealed. All income and other taxes (federal, state and local) on the prize are the sole responsibility of the applicable Winner.

  1. PUBLICITY RELEASE: Acceptance of the prize constitutes each Winner's permission for Sponsor to use such Winner's name, statements about the Giveaway, product review(s), testimonial (in whole or part), prize information and address (city and state) or other likeness (collectively, “Attributes”) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and each Winner releases Sponsor from all claims arising out of the use of such Attributes.
  2. ENTRY CONDITIONS AND RELEASES: By entering this Giveaway, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, administrators, representatives, insurers and assigns: (A) to release and hold harmless and indemnify the Giveaway Entities, all individuals and entities involved in fulfilling, administering, advertising or promoting this Giveaway, and each of their respective past and present officers, directors, parent companies, subsidiaries, affiliates, employees, representatives, licensees, successors, assigns and agents (collectively, “Released Parties”) from any and all claims, expenses, liabilities, personal injury, death, illness, property loss, litigation or damages of any kind to persons and/or property (including but not limited to invasion of privacy under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights) that may occur, directly or indirectly, whether caused by negligence or not, arising out of such entrant’s participation or Entry in Giveaway and/or such entrant’s acceptance, possession, use and/or misuse of the prize; and (B) to indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses and/or liabilities arising out of or relating to such entrant’s participation or Entry in this Giveaway and/or entrant’s acceptance, use and/or misuse of prize. Released Parties are not responsible for, and each entrant hereby releases the Released Parties from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete text messages, emails and  Entries not received by the time designated for the applicable Entry Period; (ii) failure of the Short Code during the Contest or any other technical failure of any kind, including but not limited to the malfunctions or interruptions of any computer, equipment, cable, network, hardware or software, programming, or technical problems or traffic congestion on the Internet or the Website; (iii) unauthorized human intervention in the Entry process or technical or human error which may occur in the administration of or processing of Entries in this Giveaway; (iv) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from entrant’s Entry in this Giveaway; and (vi) theft, tampering, destruction, or unauthorized access to, or alteration of Entries and/or the Website. Sponsor is not responsible for any electronic or typographical errors in the printing, advertisement or reproduction of these Official Rules, in any advertisement or promotional material related to this Giveaway (print or online) or in administration of this Giveaway including but not limited to prize depiction or announcement of the applicable Winners.
  3. RELEASE OF CLAIMS (CALIFORNIA): Each entrant acknowledges that there is a possibility that, subsequent to their involvement with this Giveaway and adherence to these Official Rules they may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by them at that time may have materially affected their decision to enter this Giveaway. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unknown and unsuspected claims.  Such entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
  4.  DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right to modify, extend or terminate this Giveaway if it determines, in its sole discretion, that this Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Giveaway as contemplated herein. If an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prizes or continuing with this Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state/provincial/territorial or local government law, order, or regulation, public health crisis or governmental restrictions implemented to mitigate a public health crisis  (e.g. ZIKA virus or COVID-19), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, extend or terminate this Giveaway. If this Giveaway is terminated before the designated end date, Sponsor will (if possible) select the potential Winners in a random drawing from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
  5. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the prizes awarded shall be resolved individually, without resort to any form of class action, in accordance with the Terms of Use; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the State of California, USA without giving effect to any choice of law or conflict of law rules (whether of State of California, USA or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, USA. 

12. OFFICIAL RULES: For these Official Rules or the name of the Winners, send a self-addressed envelope to: Colourpop Cosmetics, LLC, 1400 Stellar Drive, Oxnard, CA 93033, Attn: Leslie Mendez.  Requests must be received by July 20, 2024. 

Colourpop’s Brand Trip to Nantucket Giveaway 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

This Colourpop’s Brand Trip to Nantucket Giveaway (“Giveaway”) is sponsored by Colourpop Cosmetics, LLC, 1400 Stellar Dr., Oxnard, CA 93033 (“Sponsor”). The entry period will start on July 1, 2024 at 10:00:00 AM PT Pacific Time (“PT”) and end on July 5, 2024 at 10:00:00 AM PT (“Entry Period”). Sponsor’s clock is the official Giveaway timekeeper:

By entering this Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and acknowledges that decisions of Sponsor with respect to the Giveaway shall be final and legally binding in all respects and acknowledges that entrant’s participation in the Giveaway will be subject to Sponsor’s Terms of Use (https://colourpop.com/pages/terms) to which the entrant must agree as a condition to participate in the Giveaway. Each entrant understands that they are providing their information to Sponsor and the information provided will be used in accordance with Sponsor’s Privacy Policy (https://colourpop.com/pages/privacy-policy). Should there be conflict between Sponsor’s Terms of Use or Privacy Policy and these Official Rules, these Official Rules shall govern. If an entrant does not fully agree to the terms of the Terms of Use or Privacy Policy, such entrant should not enter this Giveaway. Any personally identifiable information collected during an entrant's Entry (as defined below) in this Giveaway will be collected by Sponsor or its designee and used by Sponsor and/or its designees for purposes of the proper administration, fulfillment, publicizing and promotion of this Giveaway as described in these Official Rules, as stated in Sponsor’s privacy policy or as otherwise expressly consented to by entrant during any separate opt-in opportunity provided to entrant during this Giveaway.

All entries are the property of Sponsor and will not be acknowledged or returned. One (1) Winner will be declared, and one (1) prize will be awarded to the Winner. This Giveaway is subject to federal, state/provincial/territorial, and local laws and regulations.

This Giveaway is in no way sponsored, endorsed, or administered by, or associated with, Facebook, or Meta Platforms, Inc., which is a third party that owns Instagram (the “Social Platform”). The Social Platform are hereby completely released of all liability by each participant in this Giveaway.  Any questions, comments, or complaints regarding this Giveaway must be directed to Sponsor and not to the Social Platforms. 

  1.  ELIGIBILITY: This Giveaway is open only to persons who are legal residents of the United States (50 states or Wash., DC) and are at least eighteen (18) years old at the time of Entry. Employees, representatives, agents, directors, and officers of Sponsor and any of its affiliates (individually and collectively, “Giveaway Entities”) and their immediate families (spouse, domestic partner, children, siblings, parents, grandparents, grandchildren, and step-family members) and/or people living in the same household (related or not) are not eligible to enter. The Giveaway is void where prohibited by law. Failure to comply with the eligibility criteria set forth in this section will result in disqualification.
  2.  HOW TO ENTER: No Purchase Necessary. There is one (1) Entry method, which is described as follows:

During the Entry Period, eligible Entrants can participate in this Giveaway by completing the following steps: (i) you must follow Sponsor @colourpopcosmetics from your Instagram Account, (ii) you must fill out the google form found at this link (https://docs.google.com/forms/d/e/1FAIpQLSej1DLgLtA7T-iY-UKn6RmB4CkhsPS6EJlCXpyTOYFPZoVQ9w/viewform ), and (iii) you must be available to travel from July 23 to July 26 (collectively, an “Eligible Entry”). Each Eligible Entry will receive one (1) entry in this Giveaway.

Each Eligible Entry received during the Entry Period is herein referred to as an “Entry” and collectively as the “Entries”.

By participating in this Giveaway, each Entrant represents and warrants that his/her Eligible Submission is original, he/she owns all right and title thereto, and his/her Eligible Submission does not infringe any third-party intellectual property rights. Entrants agree to assign and hereby do assign to Sponsor the ownership rights to all Eligible Submissions. Upon the Sponsor’s request, Entrants agree to sign any further document(s) as may be deemed necessary by the Sponsor in its sole and absolute discretion to perfect, or give full effect, to such grant and assignment. For clarity  the entrant grants the sponsor, in connection with the Eligible Submission irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the Eligible Submission and all elements thereof, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from you or any third party.

Once an Entrant submits an Eligible Submission, it cannot be changed or deleted. By entering, each entrant agrees that his or her Eligible Submission conforms to the Submission Guidelines as defined below (“Guidelines”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Giveaway if it believes, in its sole discretion, that the entrant fails to conform to the Guidelines.

If this Giveaway is not completed in accordance with these Official Rules the participant’s Eligible Submission will be voided. Eligible Submissions made by any other individual or any entity, including but not limited to commercial giveaway subscription notification and/or entering services, will be declared invalid and disqualified from this Giveaway. Tampering with the entry process or the operation of this Giveaway is prohibited and any submissions deemed by Sponsor, in its sole and absolute discretion, to have been entered in this manner will be void. Eligible Submissions generated by a script, macro, or other automated means will be disqualified. Eligible Submissions that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an Entrant, the authorized account holder of the email account used to enter the Eligible Submission will be deemed to be the Entrant. “Authorized account holder” is defined as the person who is assigned to an email address by a service provider. Entrants may not share the same email address. Eligible Submissions will be disqualified if they are forged, falsified, altered, or improperly tampered with in any way or if Sponsor determines, in its sole and absolute discretion, that any Eligible Submission does not meet the eligibility and other criteria outlined herein.

  1. ENTRANT RULES & ELIGIBLE SUBMISSION REQUIREMENTS.

By participating in this Giveaway, each Entrant hereby warrants and represents that any materials associated with his/her Eligible Submission (“Entry Materials”) comply with the following Guidelines:

  1. are original to him/her and/or that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of submitting such Entry Materials in this Giveaway;
  2. not contain material that is unlawful, in violation of, or contrary to the laws or regulations of the United States or of any jurisdiction where the Eligible Submission is created.;

iii.        do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence;

  1. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party such as copyright, trademark, publicity, or any other intellectual property rights; and,
  2. are not defamatory, trade libelous, pornographic or obscene, and further that such Entry Materials will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained; conduct or other activities in violation of these rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by Sponsor in its sole discretion.

Sponsor although not obligated to screen content, reserves the right to screen all Entry Materials. Any Entry Materials that Sponsor deems, in its sole discretion, to violate the terms and conditions set forth in these rules are subject to disqualification.  Sponsor reserves the right, at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these rules, or for any other reason.   If such an action is necessary at any point during or after this Giveaway, then Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials and entrant (and therefore the corresponding Entry) to help ensure that this Giveaway is being conducted in accordance with Sponsor’s interpretation of the letter and spirit of these rules.

  1. RANDOM DRAWING: A random drawing will be held on or around July 6, 2024, in Oxnard, CA. One (1) Entry will be drawn from amongst all eligible entries received as determined by the Sponsor at its sole discretion. The Entry drawn will be declared the potential “Winner”. Entrants are not required to be present to win. Odds of winning depend on the total number of eligible Entries received.

Odds of winning a prize available depend on the total number of eligible Entries received during the Entry Period. AN ENTRANT IS NOT AN OFFICIAL WINNERS UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, THE SPONSOR’S REQUIRED PRIZE DOCUMENT(S) ARE COMPLETED AND RETURNED, AND THE ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.

  1. NOTIFICATION / PRIZE ACCEPTANCE: The potential Winners will be notified by Sponsor via the Social Platform the Entry was received. Any potential Winner in the United States must accept the prize by returning to Sponsor a completed and personally signed Affidavit of Eligibility and Liability/Publicity Release within twenty-four (24) hours of Sponsor’s first notification attempt.

Sponsor shall have no liability for any notification that is not received by a potential Winner for any reason. If a potential Winner does not respond to notification and accept the prize as required herein or if prize notification is returned as unclaimed or undeliverable, such potential Winner will be disqualified and forfeit the prize. If a potential Winner is found to be ineligible, has not complied with these Official Rules or declines the prize such potential Winner will be disqualified and forfeit the prize. If a potential Winner is disqualified or forfeits prize, Sponsor may, but shall not be required to, select an alternate potential Winner (in accordance with the procedure above, with necessary amendment) from amongst all remaining eligible Entries. All expenses, taxes or fees on receipt and use of prize are the sole responsibility of the applicable Winner.

  1. PRIZE:  There is one (1) prize available to be awarded in the Giveaway in total. The prize to be awarded to each Winner is:

Prize Description

Approximate Retail Value (“ARV”)

·      (1) Roundtrip Flight to Nantucket from anywhere in the United States

·      (1) Hotel room in Nantucket from 7/23/24 – 7/26/24

·      Additional Gifts and Activities to be Determined

 

 



TOTAL ARV: $5000 USD

Each prize is non-assignable and non-transferable and has no credit or cash value. Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize for one of equal or greater value, for any reason. Each prize will be mailed to each Winner’s street mailing address (cannot ship to a post office box) via regular ground mail or in another manner selected by Sponsor in its sole discretion. The Released Parties (defined below) are not responsible for any delay in the availability or delivery of a prize for any reason whatsoever (including without limitation, delays due to health risks or governmental restrictions, such as those that may be implemented to mitigate COVID-19 transmission) – no confirmed winner nor any other person or entity will be compensated in the event of such delay. The prize ARV represents Sponsor’s good faith determination, is final and binding, and cannot be challenged or appealed. All income and other taxes (federal, state and local) on the prize are the sole responsibility of the applicable Winner.

  1. PUBLICITY RELEASE: Acceptance of the prize constitutes each Winner's permission for Sponsor to use such Winner's name, statements about the Giveaway, product review(s), testimonial (in whole or part), prize information and address (city and state) or other likeness (collectively, “Attributes”) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and each Winner releases Sponsor from all claims arising out of the use of such Attributes.
  2. ENTRY CONDITIONS AND RELEASES: By entering this Giveaway, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, administrators, representatives, insurers and assigns: (A) to release and hold harmless and indemnify the Giveaway Entities, all individuals and entities involved in fulfilling, administering, advertising or promoting this Giveaway, and each of their respective past and present officers, directors, parent companies, subsidiaries, affiliates, employees, representatives, licensees, successors, assigns and agents (collectively, “Released Parties”) from any and all claims, expenses, liabilities, personal injury, death, illness, property loss, litigation or damages of any kind to persons and/or property (including but not limited to invasion of privacy under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights) that may occur, directly or indirectly, whether caused by negligence or not, arising out of such entrant’s participation or Entry in Giveaway and/or such entrant’s acceptance, possession, use and/or misuse of the prize; and (B) to indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses and/or liabilities arising out of or relating to such entrant’s participation or Entry in this Giveaway and/or entrant’s acceptance, use and/or misuse of prize. Released Parties are not responsible for, and each entrant hereby releases the Released Parties from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete text messages, emails and Entries not received by the time designated for the applicable Entry Period; (ii) failure of the Short Code during the Contest or any other technical failure of any kind, including but not limited to the malfunctions or interruptions of any computer, equipment, cable, network, hardware or software, programming, or technical problems or traffic congestion on the Internet or the Website; (iii) unauthorized human intervention in the Entry process or technical or human error which may occur in the administration of or processing of Entries in this Giveaway; (iv) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from entrant’s Entry in this Giveaway; and (vi) theft, tampering, destruction, or unauthorized access to, or alteration of Entries and/or the Website. Sponsor is not responsible for any electronic or typographical errors in the printing, advertisement or reproduction of these Official Rules, in any advertisement or promotional material related to this Giveaway (print or online) or in administration of this Giveaway including but not limited to prize depiction or announcement of the applicable Winners.
  3. RELEASE OF CLAIMS (CALIFORNIA): Each entrant acknowledges that there is a possibility that, subsequent to their involvement with this Giveaway and adherence to these Official Rules they may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by them at that time may have materially affected their decision to enter this Giveaway. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unknown and unsuspected claims.  Such entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
  4.  DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right to modify, extend or terminate this Giveaway if it determines, in its sole discretion, that this Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Giveaway as contemplated herein. If an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prizes or continuing with this Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state/provincial/territorial or local government law, order, or regulation, public health crisis or governmental restrictions implemented to mitigate a public health crisis (e.g. ZIKA virus or COVID-19), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, extend or terminate this Giveaway. If this Giveaway is terminated before the designated end date, Sponsor will (if possible) select the potential Winners in a random drawing from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
  5. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the prizes awarded shall be resolved individually, without resort to any form of class action, in accordance with the Terms of Use; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the State of California, USA without giving effect to any choice of law or conflict of law rules (whether of State of California, USA or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, USA.
  6. OFFICIAL RULES: For these Official Rules or the name of the Winners, send a self-addressed envelope to: Colourpop Cosmetics, LLC, 1400 Stellar Drive, Oxnard, CA 93033, Attn: Leslie Mendez.  Requests must be received by July 20, 2024.