PAT MCGRATH LABS
New York, New York
May 21, 2019
May 21, 2019
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Campaign is open only to those who follow @patmcgrathreal and tag three (3) accounts on Instagram and who are eighteen (18) years of age or older as of the date of entry. The Campaign is only open to legal residents of the United States and is void in Rhode Island and where prohibited by law. Employees of Pat McGrath Cosmetics LLC, their affiliates, subsidiaries, advertising and promotion agencies and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Pat McGrath Cosmetic LLC as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting at 12:00 p.m., EDT on Tuesday, May 21, 2019 and ending at 11:59 p.m., EDT on Thursday, May 23, 2019. All online entries must be received by 11:59 p.m., EDT on Thursday, May 23, 2019.
4. How to Enter: The Campaign must be entered by submitting an entry in the Instagram comment section, liking the post, and adding the Instagram post to your Instagram story. The entry must fulfill all Campaign requirements, as specified, to be eligible to win the prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Pat McGrath Cosmetics LLC. You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Pat McGrath Cosmetics LLC.
5. Prize: The Three Winners of the Campaign (the “Winners”) will receive FetishEYES™ Mascara, Perma Precision Liquid Eyeliner, PermaGel Ultra Glide Eye Pencil, and the entire collection of Eyedols™ Eye Shadow Singles. The approximate retail value of the Prize will not exceed US$200. Actual/appraised value may differ at time of Prize award. The specifics of the Prize shall be solely determined by Pat McGrath Cosmetics LLC. No cash or other prize substitution shall be permitted except at Pat McGrath Cosmetics LLC’s discretion. The Prize is nontransferable. Additional costs incurred by Winner including without limitation any and all federal, state and/or local taxes, shall be the sole responsibility of Winner. If the Winner is subject to U.S. taxes, a Form 1099 will be issued to Winner by Pat McGrath Cosmetics LLC for the fair market value of the Prize. No substitution of the Prize or transfer/assignment of the Prize to others or request for the cash equivalent by Winner is permitted. Acceptance of the Prize constitutes permission for Pat McGrath Cosmetics LLC to use Winner’s name, likeness and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of Pat McGrath Cosmetics LLC. Winner will be notified on the same Instagram post on Friday, May 24, 2019. Pat McGrath Cosmetics LLC shall have no liability for Winner’s failure to receive notices due to spam or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within two (2) from the time award notification was sent or fails to timely return a completed and executed declaration and release as required, the Prize may be forfeited and an alternate Winner selected. Receipt by Winner of the Prize offered in this Campaign is conditioned upon compliance with any and all federal, state and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT PAT MCGRATH COSMETICS LLC’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this contest, You understand and agree that Pat McGrath Cosmetics LLC, anyone acting on behalf of Pat McGrath Cosmetics LLC and Pat McGrath Cosmetics LLC’s licensees, successors and assigns shall have the right, where permitted by law, to print, publish, broadcast, distribute and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign and biographical information for news, publicity, information, trade, advertising, public relations and promotional purposes without any further compensation or notice to You and without Your review or consent.
9. Terms & Conditions: Pat McGrath Cosmetics LLC reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud or other cause beyond Pat McGrath Cosmetics LLC’s control corrupt or affect the administration, security, fairness or proper conduct of the Campaign. In such case, Pat McGrath Cosmetics LLC may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Pat McGrath Cosmetics LLC. Pat McGrath Cosmetics LLC reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Pat McGrath Cosmetics LLC has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Pat McGrath Cosmetics LLC reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless Pat McGrath Cosmetics LLC and their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) Your participation in the Campaign and/or Your acceptance, possession, use or misuse of the Prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Campaign; or (v) electronic or human error in the administration of the Campaign or the processing of entries.
11. Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the State and County of New York, USA having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and You hereby waive all rights to, punitive, incidental or consequential damages, including reasonable attorney’s fees, other than Your actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). You further waive all rights to have damages multiplied or increased.
13. Sponsor: The Sponsor of the Campaign is Pat McGrath Cosmetics LLC, 126 Fifth Avenue, New York, NY 10011, USA.
15. Instagram: The Campaign hosted by Pat McGrath Cosmetics LLC is in no way sponsored, endorsed, administered by or associated with Instagram.