CONTESTS & PROMOTIONS
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
THESE OFFICIAL RULES REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES.
INTERNET ACCESS IS REQUIRED. WINNERS (AND ANY MINOR WINNER'S PARENT OR LEGAL GUARDIAN) MAY BE REQUIRED TO EXECUTE AND RETURN PRIZE ACCEPTANCE AND RELEASE DOCUMENTS, AS MORE FULLY DETAILED BELOW.
MINORS MUST ASK THEIR PARENT OR LEGAL GUARDIAN FOR PERMISSION AND HELP TO PARTICIPATE. IF A PARTICIPANT IS AN ELIGIBLE MINOR IN HIS OR HER JURISDICTION OF PRIMARY RESIDENCE, HIS OR HER PARENT OR LEGAL GUARDIAN AGREES TO THESE OFFICIAL RULES ALONG WITH AND ON BEHALF OF HIS OR HER MINOR CHILD.
From time to time Markwins Beauty Products, Inc., Inc. may conduct contests, and/or other promotions (individually and collectively, “Promotion”) on social media/networking websites including, but not limited to, twitter.com, facebook.com, instagram.com, and pinterest.com (each, a “Social Media Site”). Unless specifically noted otherwise by Sponsor, these terms and conditions shall serve as the official rules for any such Promotion conducted by Sponsor. Sponsor may terminate, extend, suspend or alter any Promotion in its sole discretion. These rules may be updated as deemed necessary by Markwins Beauty Products, Inc. in its sole discretion.
Each individual Promotion will be announced via a status update, or Tweet, or Instagram post, or email or other call-to-action (“Promotion Posting”). A Promotion Posting will include how to enter, the entry deadline, method of determining the winner (for a contest), the prize(s)/value(s), and the eligibility requirements. All information contained in a Promotion Posting is incorporated herein by reference.
Note: These Promotions are not sponsored, endorsed or administered by FACEBOOK, nor is FACEBOOK associated with these Promotions in any way. Markwins Beauty Products, Inc. is not in any way acting as the agent of Facebook, nor is Facebook responsible for any acts undertaken by Markwins Beauty Products, Inc. in this matter. Any questions, comments or complaints regarding these Promotions must be directed to the Sponsor or Administrator, and not to FACEBOOK.
Note: These Promotions are not sponsored, endorsed or administered by INSTAGRAM, nor is INSTAGRAM associated with these Promotions in any way. Markwins Beauty Products, Inc. is not in any way acting as the agent of Instagram, nor is Instagram responsible for any acts undertaken by Markwins Beauty Products, Inc. in this matter. Any questions, comments or complaints regarding these Promotions must be directed to the Sponsor or Administrator, and not to INSTAGRAM.
Note: These Promotions are not sponsored, endorsed or administered by SNAPCHAT, nor is SNAPCHAT associated with these Promotions in any way. Markwins Beauty Products, Inc. is not in any way acting as the agent of Snapchat, nor is Snapchat responsible for any acts undertaken by Markwins Beauty Products, Inc. in this matter. Any questions, comments or complaints regarding these Promotions must be directed to the Sponsor or Administrator, and not to SNAPCHAT.
Note: These Promotions are not sponsored, endorsed or administered by PINTEREST, nor is PINTEREST associated with these Promotions in any way. Markwins Beauty Products, Inc. is not in any way acting as the agent of Pinterest, nor is Pinterest responsible for any acts undertaken by Markwins Beauty Products, Inc. in this matter. Any questions, comments or complaints regarding these Promotions must be directed to the Sponsor or Administrator, and not to PINTEREST.
Note: These Promotions are not sponsored, endorsed or administered by TWITTER, nor is TWITTER associated with these Promotions in any way. Markwins Beauty Products, Inc. is not in any way acting as the agent of Twitter, nor is Twitter responsible for any acts undertaken by Markwins Beauty Products, Inc. in this matter. Any questions, comments or complaints regarding these Promotions must be directed to the Sponsor or Administrator, and not to TWITTER.
- Entry: No purchase necessary to participate or win. A purchase will not improve one's chance of winning.Void where prohibited by the law of the state of the entrant. All federal, state, and local taxes may apply to any winnings. In order to participate in the promotion, You must be a member of the Social Media Site on which the Promotion is being conducted. Entry into any Promotion will only be permitted via the method specified by Sponsor in the Promotion Posting on the Social Media Site. Entries submitted contrary to the contest rules will be deemed void. All entries must include the information requested by Sponsor to be eligible. Only one prize per person, household, email address or username will be allowed per Promotion. In the event of a dispute as to any entry or the identity of an entrant, entries will be declared to be made by the authorized account holder and natural person assigned by an Internet access provider to the e-mail address associated with the entry, and he/she must comply with these Official Rules. Entrants may be required to show proof of being the authorized account holder. All entries must be received within the time period stated by Sponsor in the Promotion Posting to be eligible to win a prize. Late and/or subsequent entries not be eligible. Entries from one Promotion will not be included in other Promotions. Entries generated by script, macro or other automated means, or by any means which subvert the entry process are void. All entries become the property of Sponsor and will not be acknowledged or returned.
- Eligibility: The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years of age or older as of the date of entry. If a participant has not reached the age of majority in his/her primary state of residence as of the date of entry into the Promotion (which is eighteen (18) years old in most states but is nineteen (19) years old in Alabama and Nebraska and twenty-one (21) years old in Mississippi) (a “Minor), then the participant must obtain parental consent in order to be eligible to enter the Promotion. Parental consent occurs when the parent or legal guardian of a Minor grants permission for the Minor to participate and agrees on behalf of himself/herself and the Minor to these Official Rules. It is strictly prohibited for anyone who does not meet the age requirement as of the date of entry to be allowed to participate in the Promotion and in no situation shall anyone under the age of thirteen (13) be permitted to enter any promotion at any time, under any circumstances. The entries shall be deemed Void when made by non-residents, or those outside the United States or where prohibited by law. Employees, contractors, directors and officers of Markwins Beauty Products, Inc., Inc. (“Sponsor”), and their respective parent, subsidiary and affiliated companies, distributors, brokers and licensees, and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of the Promotion (collectively, “Promotion Parties”), and their immediate family members (parent, child, sibling and spouse of each) and those living in the same households of each are not eligible to enter or win. Other eligibility requirements and conditions of participation are set forth below in these official rules for the Promotion (“Official Rules”). Subject to all applicable federal, state, and local laws and regulations. Void where prohibited or restricted by law.
- Conditions of Submission There is no limit to the number of submissions that may be submitted per participant of the contest. By submitting an entry, the submitting party and any person whose likeness is displayed, agrees that Markwins Beauty Products, Inc. has the right to use the words and images in its discretion for any purpose, including advertising and promotion. Markwins Beauty Products, Inc. is also wholly free to use any image submitted. The submitting party and any person whose likeness is displayed understand and agree that they relinquish any right to control the use of the submission and its contents to Markwins Beauty Products, Inc. This relinquishment of any right to control the use of the submission or its contents is agreed upon in consideration for the right to participate in this contest. The participant waives any right or claim to legal liability for use by Markwins Beauty Products, Inc. of the submission or its content. The participant will not make any claim and releases any right to make a claim and assumes all risks incident to this contest.
- Requirements of Entry All photos and video entries must be original, unpublished, and the sole property of the entrant. Photos and/or videos can be submitted in black & white or in color. Any photo, video or written description which Sponsor, in its sole opinion, deems to be inappropriate for publication will not be considered and the corresponding Participant will be disqualified. By submitting an entry, each Participant represents and warrants that: (i) his/her photo, video and/or words are the sole and original creation of the Participant and has not been copied in whole or in part from any other work; (ii) the entry does not violate or infringe any copyright, trademark/trade name, or other proprietary right of any person (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity; (iii) the entry is the sole and exclusive property of the Participant; and (iv) the subject(s) and/or persons depicted in an image have given consent to its submission into the Promotion and use as contemplated by these Official Rules; (v)Any person displayed in the submission has provided his or her written permission to have the image submitted and used in the contest and for any related purpose, including PR and/or Advertising and use on Markwins Beauty Products, Inc.'s website, Facebook, Twitter, Instagram, YouTube and Pinterest pages. Image or video submissions that contain depictions of other third party artistic works, other company's products, copyrights, trademarks/trade names, logos, or similar brand identifying marks will not be permitted. By entering, each participant warrants and represents that entry is his/her own original work, has not been previously published, that Participant owns or otherwise controls all of the rights to entry materials and each Participant unconditionally assigns and transfers to Sponsor all rights, title, interest and claim, which it now has or may in the future have to the entries or any element(s) thereof.
- The Sponsor in its sole discretion may make any and all decisions concerning whether a submission will be used or not for any purpose and concerning whether it is suitable for a prize. Submission of an entry is no assurance of winning any prize or receiving any benefit.Markwins Beauty Products, Inc. in making the decisions concerning submission eligibility is completely free to make whatever decisions it deems appropriate and is free to select the criteria to be used to judge the entries. In submitting, the submitting party agrees to be bound by Markwins Beauty Products, Inc.'s decisions and will not challenge the decisions made by Markwins Beauty Products, Inc..
It is understood and agreed that Markwins Beauty Products, Inc. will bear no liability for any decision regarding the selection or non-selection of someone as a winner.
Restrictions: The following submissions will not be given any consideration and run contrary to the rules of the contest:
- Crude, vulgar, offensive or violent words or imagery;
- Explicit sexual words or imagery or unduly romantic interludes;
- Illegal drug or alcohol words or imagery;
- Unauthorized trademarks and copyrighted material;
- Social security numbers, phone numbers, personal addresses or any personal, identifiable information; Website or web page links;
- Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others;
- Trespass or the violation of other people's rights or property;
- Illegal (e.g., discriminatory, harassing) or inappropriate imagery,
- Conduct or activities in violation of these Official Rules;
- Any other content that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion;
- Any other products (non Markwins Beauty Products, Inc. products) of any kind, or any promotion for any commercial enterprise or service;
- Images of animals;
- Any photograph of any person used without his or her permission;
- Any picture of any person, or any statements of any person other than the submitting party who has not given written consent to the submission;
- Images of celebrities or television or movie programs;
- Unduly provocative, x-rated, burlesque or campy sexual entries;
- Political slogans, or social slogans
- New media references or advertisements.
- Posting of an entry is not an indication that the entry has won a prize or is otherwise eligible for a prize. Submission of an entry grants Sponsor the right to use, publish, adapt, edit and/or modify such entry in any way, in whole or in part, and to use such entry alone or in combination with other works, as solely determined by Sponsor, in commerce and trade and in any and all media now known or hereafter discovered, worldwide, including but not limited to the Markwins Beauty Products, Inc. Facebook, Twitter, YouTube, Instagram and Pinterest pages and Markwins’ websites, without limitation or compensation to the Participant and without right of notice, review or approval of any such use of the entry in perpetuity. Submission of an entry further constitutes the Participant's consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the entry, including but not limited to all intellectual property rights. By entering, each Participant further warrants and represents that he/she has received all rights which may be necessary from any person or entity depicted in the image to grant this assignment and transfer of rights. Prior to awarding any prize, the Participant must agree to the terms of these Official Rules and to sign and return any required Affidavit, Liability and Publicity Releases.
- Judging: Potential winner for the Promotion will be selected at random by the Sponsor from among all eligible entries received for the applicable Promotion on or about the date set forth in the Promotion Posting. All entries deemed to meet the requirements as defined by Promotion Posting are eligible to win a prize. Winners will be notified by email, mail or telephone. Sponsor's clock will be the official time keeper for all Promotions. Entries from one Promotion will not be included in other Promotions. Odds of winning a particular Promotion will depend on the number of eligible entries received for such Promotion.
In the event winners are selected based on the “best” submitted story, photo, essay, message or other similar type of submission (“Submissions”), Sponsor will judge such Submissions and select the winners based equally on the originality and creativity of each Submission. All Submissions must be original unpublished works created by the individual entering such Submission and all submission will become the property of Sponsor and will not be returned.
- Prizes: The number and approximate retail value of prizes awarded in any Promotion will vary and will be set forth in the Promotion Posting. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied. Prizes may not be substituted, transferred, assigned or redeemed for cash except at Sponsor's sole discretion. Sponsor reserves the right, in its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Prize includes only what is specified in the prize description. For Halloween Giveaway promotion, approximate value of 1 pair of Jack and Sally Tsum Tsum Lip Smackers is $10.
Prize will be delivered once winner has been verified. LIMIT ONE PRIZE PER PERSON/EMAIL ADDRESS/HOUSEHOLD. If prize is unclaimed, if any prize correspondence or prize is returned as undeliverable, or if a winner is found ineligible or not in compliance with these Official Rules, the prize will be forfeited and an alternate winner may be selected, at Sponsor's option. If prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state and local taxes, and all other costs associated with acceptance or use of the prizes, are the sole responsibility of the winners.
Any participant can only win a maximum of one prize regardless of the number of submissions. An increased number of submissions by any entrant does not necessarily increase the odds of winning the contest.
- Conditions: Promotion Parties assume no responsibility for lost, late, misdirected, stolen, illegible, inaccurate, damaged or incomplete entries or submissions, non-delivered or postage due mail, failure or unavailability of electronic equipment, communications or internet connections, or other errors, failures or malfunctions of any kind. Any issues with mails, electronic connections, or any services of third parties, are not the responsibility of the SPONSOR.
- Entries by automatic, programmed or like methods will be disqualified. Improper or incomplete entries will be disqualified. All entries become the property of the Sponsor and will not be returned. Prizes will be awarded only to an address within the U.S. By participating, Participants agree to be bound by these Official Rules and the decisions of the Sponsor which are final. If, in Sponsor's sole opinion, the Promotion is not capable of running as planned, including as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Sponsor reserves the right to modify or terminate the Contest in a manner deemed reasonable by the Sponsor, at the Sponsor's sole discretion. Sponsor reserves the right to disqualify any individual who tampers with the entry process or the Markwins Beauty Products, Inc. Facebook, Instagram, Twitter, YouTube and Pinterest pages, Markwins’ websites or acts in a disruptive manner. This Promotion is offered only in the U.S. and is governed by the laws of the state of California. By entering, Participants consent that any and all legal actions or claims arising in connection with this Promotion must be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held in its offices in the County of Los Angeles, State of California.
- Further sponsor is given sole discretion as to what context, if any, a submission is used. It may, for example, use part of a submission, or combine submissions.
- Release: By accepting a prize, winner grants permission for Sponsor and its agents to use his/her name, profile picture image, voice and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without additional compensation. By submitting the entry, the party submitting the entry abandons, releases, and forever disclaims any right to control the usage of the submitted materials; it is an express condition of participation in this contest that all rights without exception in submitted materials are released. This disclaimer and waiver applies regardless of whether the submitting party receives any prize and applies also to all people represented in the submission.
- Winners' List Requests: For names of prize winners, mail a self-addressed, stamped envelope to: Lipsmacker Winners' List Request, Markwins Beauty Products, Inc., 22067 Ferrero Parkway, City of Industry, CA 91789.
- Sponsor: The Promotion is sponsored by Markwins Beauty Products, Inc., Inc., City of Industry, California.