1. ELIGIBILITY.
Giveaway is offered only to
legal residents in
the Continental United States
at least 18 years old at time of entry. No purchase necessary.
Void where prohibited by
law.
Employees of Glamoursis LLC, its affiliates, subsidiaries,
advertising and promotion agencies, manufacturers or
distributors of Giveaway materials, and their respective
officers, directors, shareholders, agents, representatives and
members of their immediate family are not eligible. All
applicable federal, state and local laws and regulations apply.
2. Sponsor.
BH Cosmetics –
http://www.bhcosmetics.com/
3.
Giveaway Eligibility Period.
The Giveaway entry/submission acceptance period begins
November 23, 2009 and ends on December 23, 2009 at 11:59 pm PST.
No entries/submission will be accepted before or after
the Giveaway Period.
4. To Enter.
To enter
the Giveaway you must visit
www.bhcosmetics.com and find something you love about
their site and/or product(s) and then go to the
BH Cosmetics
Giveaway email us webpage on www.glamoursis.com. The email
must include: Email, First & Last Name, Address, City, State,
Zip Code, Phone Number and Comment on what he/she loves about
BH Cosmetics. For extra entry(s), person who signs up for Glamoursis on Twitter, Facebook and /or YouTube must also
include Twitter, Facebook and/or Youtube username in email.
Each friend who was
referred by another must include his/her friend's full
name in email entry!
All
entries must include a valid email address and information. By
submitting your giveaway entry email you are stating that you
understand, agree and accept to all the giveaway rules, user
agreement and privacy policy. Entry email
must be complete
and follow all guidelines in order to be entered into the
giveaway. Incomplete, incorrect and /or improperly emails
received will not be entered into giveaway. Glamoursis reserves all rights to disregard incomplete,
incorrect and /or improperly filled out email entry(s) for any
reason at their discretion. No
purchase necessary to enter or win. VOID WHERE PROHIBITED.
Automated or computer generated entries or mechanical
reproductions are prohibited, and any use of automated
devices or mechanical reproductions will cause
disqualification. LIMIT: ONE ENTRY FORM PER PERSON. Glamoursis
LLC and all of their respective officers, directors,
shareholders, employees, affiliates, representatives and
agents and Sponsor and its advertising and promotions
agencies are not responsible for lost, late, incomplete,
illegible, mutilated, inaccurate, misdirected, stolen or
postage due entries or mail, or for any problems of any kind
whether mechanical, human or electronic, including, but not
limited to, computer, telephone, cable, network, satellite,
electronic or Internet hardware or software malfunctions,
failures, connections, availability or garbled or jumbled
transmissions, or service provider/Internet/web site/use net
accessibility or availability, traffic congestion, or
unauthorized human intervention. Glamoursis LLC reserves the
right to suspend or terminate any Giveaway in the event of
any such problem. Giveaway entries are the property of
Glamoursis LLC. E-MAIL CHANGE OF ADDRESS POLICY: It is your
sole responsibility to notify Glamoursis LLC in writing if
you change your e-mail address. (To do so: write to:
elizabeth@glamoursis.com)
5. Extra Entries.
Glamoursis LLC
offers opportunities to receive extra entries by correctly &
accurately doing any or all of the following:
1. Sign up for the Glamoursis
Newsletter for 1 extra entry!
2. Become a Glamoursis Facebook Fan for 1 extra entry!
3. Follow Glamoursis on Twitter for 1 extra entry!
4.
After you sign up to follow Glamoursis
on Twitter,
tweet this giveaway for 1 extra entry. Must
Include Twitter user name in order for Glamoursis to
view tweet and for your to receive your extra entry.
5. Subscribe to our YouTube Channel for 1 extra entry!
6.After you
become a Glamoursis Facebook Fan, post this giveaway on your Facebook account for 1 extra entry. Must be signed
up as a fan on Glamoursis
Facebook and must include your
facebook user name to receive your extra entry.
7. Tell your friends and receive 1 extra entry for
each friend who validly enters and
includes your full name in email entry!
Only complete valid entries will be accepted.
Name provided by friend must match original entry of
individual who referred friend in order to receive extra
entry(s).
Individual(s)
will not receive extra entry(s) for incomplete, inaccurate and/or invalid
email entry(s). If for any reason Glamoursis LLC feels that
an individual(s) is abusing or misusing this extra entries
opportunity Glamoursis LLC reserves all rights at their sole
discretion to disregard any and all entries for any reason.
6. Prizes.
A
total of three (3) prizes will be awarded as follows:
First name randomly drawn wins: One (1)
BH Cosmetics 120 2nd Edition Palette.
Second name randomly drawn wins: One (1)
BH Cosmetics 88 Color Matte Palette
Third name randomly drawn wins: One (1) BH
Cosmetics Contour & Blush Palette.
The stated prize(s) will be awarded to eligible
winner(s) of Giveaway who claim the prize within 48 hours of initial
contact of
notification to the winner(s) by Glamoursis LLC. After 48
hours have lapsed with no reply from winner(s), the winner(s)
automatically forfeits giveaway prize(s) and a new winner's name
will be randomly drawn. All above rules apply to new
winner(s) if pervious winner(s) did not respond within 48 hours of
initial contact by Glamoursis LLC. Any winner(s) who did not
claim his/her prize within the 48 hours of initial
contact by Glamoursis LLC automatically forfeits and releases
all rights to claim the giveaway prize(s). Prizes not
claimed within such 48 hour period will
not be awarded in the
sole discretion of Glamoursis LLC. Federal, state and local
taxes are the responsibility of the winner(s). If by reason of
any error (relating to electronic transmission, technical or
human errors or otherwise), more prizes are claimed than the
number set forth in the applicable Giveaway, all persons
making purportedly valid claims will be included in a random
drawing for the number of prizes as stated.
7. Drawing; Odds of Winning:
Prize
winners from all entries received by the December 23, 2009
deadline will be selected in a random drawing. For Giveaway, odds of winning depend
on the number of eligible entries received.
8. Awarding of Prizes.
Winner of the Giveaway will be notified by e-mail (the
"Notification") within 15 days of the drawing. Winners will
be required to complete a registration form, which will
include an online Affidavit of Eligibility and Release.
Where lawful, Glamoursis LLC may require each winner to
provide proof that he or she is the authorized account
holder of the e-mail address used to enter the Giveaway. In
the event of a dispute regarding an online submission, the
entry will be deemed submitted by the authorized account
holder. "Authorized account holder" means the natural person
who is assigned to an e-mail address by an Internet access
provider, online service provider, or organization (e.g.,
business, educational, institutional) that is responsible
for assigning e-mail addresses for the domain associated
with such e-mail address. By completing the affidavit and
release, the winners grant permission to the use of their
names and email addresses for advertising and promotional
purposes for this and similar promotions without additional
compensation (except where prohibited by law). Prizes will
be awarded within 30 days after receipt of all online
registration forms. Prizes are not transferable.
Non-compliance with these Official Rules or Terms of Service
or undeliverable notification may result in disqualification
and selection of an alternate winner.
9.
General.
(a) Payment of all federal, state and local taxes are
the sole responsibility of the winner and winners may
receive an IRS Form 1099 or equivalent from Glamoursis LLC.
(b) By participating in the Contest, the winner or
winners (or, in the case of a minor, their parent/legal
guardian) agree to have their name, voice, or likeness used
in any advertising or broadcasting material relating to this
Contest, and to sign a publicity release, affidavit of
eligibility and release of liability prior to acceptance of
the prize. If a prize winner is a minor, prize may be
awarded to the minor’s parent or legal guardian. By
accepting the prize, each winner grants to Glamoursis LLC
and Sponsors the right to use the winner’s name, voice,
picture and/or likeness for purposes of advertising and
publicity in any and all media now known or hereafter
invented, without further permission or additional
compensation (except where prohibited by law). All
expenses on receipt and use of prize are the sole
responsibility of winner. Winner by acceptance of the
prize, agrees to release Glamoursis LLC, sponsers, and their
advertising, promotion and production agencies and their
respective parents and subsidiaries, shareholders,
directors, employees, agents and representatives from
any and all liability, claims or actions of any kind
whatsoever for injuries, damages or losses to persons and
property which may be sustained in directly or indirectly in
connection with the receipt, ownership or use of the prize
or while preparing for, participating in, and/or traveling
to any Contest or prize-related activity.
(c) Glamoursis LLC reserves the right to make changes
in the rules of the contest which will become effective upon
announcement. Glamoursis LLC and Sponsors are not
responsible for errors in the rules, their announcements, or
the offering or the administration of the Contest.
(d) No prize transfers. Glamoursis and/ or
Sponsors may substitute prizes for prizes of like value, in
the Sponsors’ and Glamoursis LLC sole discretion.
Prizes may not be substituted or redeemed for cash.
Offer subject to federal, state and local regulations and
laws and is void where taxed, restricted or prohibited.
By entering, participants agree to these rules and the
decisions of Glamorusis LLC and Sponsors.
10. Conditions.
A.
The Giveaway is governed by these Official Rules. By
participating, entrants agree to these Official Rules and
understand that all decisions regarding the Giveaway
including, but not limited to, winner selection, will be
made by Glamoursis LLC, whose decisions shall be final and
binding in all respects. Glamoursis LLC or Sponsor is not
responsible for (i) lost, late, delayed, misdirected,
unintelligible, incomplete or postage due mail or electronic
mail; (ii) telephone, electronic, hardware or software
program, network, Internet or computer malfunctions,
failures, or difficulties; (iii) errors in transmission;
(iv) any condition caused by events beyond the control of
the Glamoursis LLC or Sponsor which may cause the Giveaway
to be disrupted or misused; or (v) any inaccurate
information caused by any reason, including, without
limitation, the Glamoursis website, Giveaway website users,
equipment, or human or technical errors relating to the
submission of entries. B. By participating in the Giveaway,
you agree to release and hold harmless Glamoursis LLC and
Sponsor, its clients, and promotional and advertising
agencies, the entities whose names or brands appear in any
Glamoursis LLC Giveaway, and all of their respective
officers, directors, shareholders, employees, affiliates,
representatives and agents from any and all losses, damages,
rights, claims, actions and proceedings of any kind arising
out of or relating to the Giveaway or resulting from
acceptance, possession, use, or misuse of any prize,
including, without limitation, personal injuries, death, and
property damage, and any claims based on publicity rights,
defamation, or invasion of privacy. IN NO EVENT WILL
GLAMOURSIS LLC, SPONSOR, ITS CLIENTS, PROMOTIONAL AND
ADVERTISING AGENCIES, THE ENTITIES WHOSE NAMES OR BRANDS
APPEAR IN ANY GLAMOURSIS GIVEAWAY, OR ANY OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
AFFILIATES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE FOR
DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO YOUR USE OF
THE GIVEAWAY WEB SITE OR THE DOWNLOADING FROM AND/OR
PRINTING MATERIAL DOWNLOADED FROM THE GIVEAWAY WEB SITE.
WITHOUT LIMITING THE FOREGOING, GLAMOURSIS LLC OR SPONSORS
MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESSED OR
IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE AND
ENJOYMENT OF ANY OF THE PRIZES, INCLUDING, BUT NOT LIMITED
TO, THEIR QUALITY OR MERCHANTABILITY A PARTICULAR PURPOSE.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL
LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE
LIMITATIONS OR EXCLUSIONS. C. Any and all disputes, claims
and causes of action arising out of or connected with the
Giveaway, including, without limitation, relating to any
prizes awarded or not awarded, shall be resolved
individually, without resort to any form of class action,
and exclusively by binding arbitration in Salt Lake City,
Utah, by a single arbitrator in accordance with the
Commercial Arbitration Rules of the American Arbitration
Association ("AAA"). Any and all claims, judgments and
awards shall be limited to actual out-of-pocket costs
incurred, including costs associated with entering the
Giveaway, but in no event attorneys' fees. D. The Giveaway
may be modified, canceled, terminated or suspended in whole
or in part without prior notice for any reason, including,
without limitation, computer virus, bugs, non-authorized
human intervention, mechanical or electronic problems or
other causes beyond the control of Glamoursis LLC or Sponsor
which corrupt or impair the administration, security,
fairness or proper play of the Giveaway. In the event of
early termination of the Giveaway, all prizes will be
awarded in a random drawing from among all eligible entries
received through the date on which the Giveaway is
terminated to the extent practicable, as determined by
Glamoursis LLC in its sole discretion. E. Offer void where
prohibited and subject to all applicable federal, state and
local laws.
11. Internet
Glamoursis
LLC or Sponsor is not responsible for lost or late entries
nor for electronic transmission errors resulting in
omission, interruption, deletion, defect, delay in
operations or transmission, theft or destruction or
unauthorized access to or alterations of entry materials, or
for technical, network, telephone equipment, electronic,
computer, hardware or software malfunctions or limitations
of any kind, or inaccurate transmissions of or failure to
receive entry information by Glamoursis LLC, Sponsor or
presenter on account of technical problems or traffic
congestion on the Internet or at any Web site or any
combination thereof. If for any reason the Internet portion
of the program is not capable of running as planned,
including infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failures, or any
other causes beyond the control of the Glamoursis LLC or
Sponsor or Sponsors affiliates which corrupt or affect the
administration, security, fairness, integrity, or proper
conduct of this Contest, Glamoursis LLC reserves the right
at its sole discretion to disqualify any individual who
tampers with the entry process, and to cancel, terminate,
modify or suspend the Contest. Caution: Any attempt by a
contestant to deliberately damage any Web site or undermine
the legitimate operation of the game is a violation of
criminal and civil laws and should such an attempt be made,
Glamoursis LLC reserves the right to seek damages from any
such contestant to the fullest extent of the law.
12. Winners List.
Will be published on
www.glamoursis.com
13. Privacy Policy.
Please review our
Privacy Policy
and
User Agreement.
Affidavit of Eligibility and Release
State of
_________________________________________________________________
County
of________________________________________________________________
I, ___________________________________, being duly sworn, say I am
____ years of age, my Social Security number is
_______________________, I reside at __________________________, and
my telephone number is_(___)__________________________________.
I am submitting this Affidavit with the understanding that it will
be relied upon to determine my eligibility in the BH Cosmetics
Giveaway.
I affirm and represent that I have complied with all the rules and
regulations of the Giveaway and that I have committed no fraud or
deception in entering the Giveaway or claiming any prize. I
further represent that I am not an employee of the Sponsor or of any
other entity stated in the official rules whose employees are not
eligible to enter the Giveaway or a member of the immediate family
or household of any such employee, or otherwise ineligible to enter
the Giveaway.
In consideration of the Prize, which I acknowledge is good, valuable
and sufficient consideration, I hereby agree as follows:
1. To be solely responsible for any and all taxes which may be
payable due to my receipt of the Prize, and to authorize Glamouris
LLC to withhold any amounts required to be withheld pursuant to
Federal, state or local law.
2. [CASH PRIZE] To release Glamoursis LLC, its licensee,
their parent, affiliated entities, and each of their respective
officers, directors, shareholders, employees and agents from any and
all claims, demands, causes of action, losses, expenses, costs and
liabilities of any nature whatsoever which I may hereafter have
against any of them arising out of or in connection with the Contest
or the Prize.
3. [NON-CASH PRIZE] I acknowledge that Glamoursis LLC, its
corporate licensee, its parent corporation, their affiliated
entities and their respective officers, directors, shareholders,
agents and employees are not acting as the manufacturer or
distributor of the Prize. Glamoursis LLC, acting as a
consumer, acquired the Prize for the purpose of awarding the Prize
to a winner in the Giveaway. With respect to any claims I may
have as a result of the possession or use of the Prize, I agree that
I shall look solely to the Prize's manufacturer or others in the
chain of production and distribution of the Prize excluding
Glamoursis LLC. I acknowledge that Glamoursis LLC has not made
any representations or warranties with respect to the Prize.
Therefore, I hereby release Glamoursis LLC, its licensee, its parent
corporation, their affiliated entities and their respective
officers, directors, shareholders, employees and agents from any and
all claims, demands, causes of action, losses, expenses, costs and
liability of any nature whatsoever which I may hereafter have
against any of them arising out of or in connection with the
Giveaway or the Prize. Nothing herein contained shall in any
way limit my recourse against the manufacturer in the event I have
any claims as a result of possession or use of the Prize.
4. To grant to Glamoursis LLC and its licensees the right to
use my name, likeness, portrait, recorded voice and biographical
material, in order to advertise, promote or publicize Glamoursis
LLC, its licensee, the Giveaway, or any advertisers or
sponsors/co-sponsors associated with the Giveaway and their products
and services.
5. I hereby certify that I have read and complied with, and
that I understand, all of the rules of the Giveaway, a copy of which
is attached to this Affidavit of Eligibility and Release form and
that all information set forth below is true. The releases and
indemnities I have given with respect to the prize shall benefit the
Sponsors, as well as their agents, employees, shareholders,
officers, directors, affiliates, licensees and assigns. The
rights I have granted to use my name, likeness, photographs, etc.,
shall inure to the benefit of the Sponsors, as well as their
respective advertising agencies, licensees and assigns. I
agree to return upon demand to Glamoursis LLC any prize which has
been or may be awarded to me if any statement made by me in this
affidavit is false.
6. I acknowledge that Glamoursis LLC, its licensee, parent,
and affiliated entities , and each of their respective officers,
directors, shareholders, and any of their respective
representatives, assigns, employees, directors, officers and agents
have neither arranged for nor carry any insurance of any kind for my
benefit or that of my heirs, executors and administrators relative
to my use of the Prize, and that I am solely responsible for
obtaining and paying for any life, travel, accident, property or
other insurance relative to my use of the Prize.
7. I agree to indemnify and hold Glamoursis LLC, its licensee,
their parent, and/or affiliated entities, and each of their
respective officers, directors, shareholders, and any of their
respective representatives, assigns, employees, directors, officers
and agents harmless against any loss, damage or expense, including
court costs and reasonable attorneys’ fees, that any of them may
suffer or incur as a result of any breach of the foregoing
representations.
8. I understand and agree that this waiver, release, hold
harmless and assumption of risk is to be binding on my heirs and
assigns.
By: _______________________
(Signature)
________________________
(Date)
If you are under the age of 18, your parent or legal guardian must
sign below.
______________________________
Signature of Parent or
Legal Guardian
Sworn to and signed before me
this ____ day of ________________, 20__.
__________________________________
Notary
My Commission Expires: _____________