Lush #bathartSunday, November 08, 2015
Good afternoon dear readers!
Lush is holding a contest (I believe it is for both Canada and the USA) where you share your Lush "bath art" photos on Instagram or Twitter with the hashtag #bathart and then 25 winners will be chosen to receive Lush goodies.
Here are the rules and regulations:
LUSH Fresh Handmade Cosmetics #bathart Contest
October 16, 2015
Introduction: LUSH Fresh Handmade Cosmetics Ltd. (the “Sponsor”) is holding the #bathart (the “Contest”). NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
Eligibility: To be an eligible participant, entrant must be a legal resident of Canada or the United States, excluding residents of Puerto Rico, and have reached the age of thirteen (13) at time of entry. Employees of the Sponsor, its subsidiaries, affiliated companies, and agents and the immediate family members (defined as parents, spouse, children, siblings, grandparents) of such employees, and all those with whom such employees are domiciled, are NOT eligible to participate in the Contest. By entering the Contest, each entrant agrees to these Official Contest Rules and to the decisions of the Sponsor, which are final and binding in all respects.
How to enter: The Contest begins on November 1st, 2015 12:01:00am ET and ends on November 24th, 2015 11:59pm ET (the “Sweepstakes Period”). The Sponsor’s clock will be the official timekeeping device for the Contest. During the Sweepstakes Period, entrants can enter the Contest by:
- Tweeting a photo and using the hashtag “#bathart” through their Twitter account
- Uploading a photo to Instagram using the hashtag “#bathart” on their Instagram account
Entry limit: There is no limit to the number of entries per person. Sponsor and its agents are not responsible for lost, late, damaged, misdirected, illegible, or incomplete entries. Incomplete entries are ineligible. All entries become Sponsor’s property and will not be acknowledged or returned. Message and data rates apply to use of mobile device for Contest entry. You may be charged by your wireless carrier for sending your entry via mobile device. Be sure to check your wireless carrier’s pricing plan before participating via mobile device. Not all mobile devices offer wireless Internet access; and, wireless Internet access may not be available in all areas.
Additional terms: Sponsor may prohibit an entrant from participating in the Contest if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor or its agents, or if entrant has or has attempted to submit malicious code, .exe files, or any file that contains malicious code.
Entries must comply with all of the following requirements as to content (as determined by Sponsor in its sole discretion):
(a) Content must be original and not copied, in whole or part, from any other source;
(b) Content must have been created specifically for this Contest and not previously published;
(c) Content must be truthful;
(d) Content must not violate the rights of any third party;
(e) Content must not be inappropriate or unfit for publication (e.g., include nudity, obscenity or hate speech);
(f) Content must not disparage Sponsor, its products or otherwise reflect unfavorably on any of the preceding; and
(g) Content must not advocate alcohol or drug use, violent or reckless behavior or any illegal activity.
Sponsor may choose, in its sole discretion, to post (or re-post, as the case may be) entries on one or more of its social media accounts. Should Sponsor choose to do so, such posting/re-posting is for entertainment and informational purposes only and will have no bearing on the selection of the winner. For winner selection procedure, see below. POSTED/RE-POSTED ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/RE-POSTING/PUBLICATION OF ENTRIES AND DISCLAIMS ANY RESPONSIBILITY FOR SCREENING, MONITORING OR REVIEWING ENTRIES PRIOR TO POSTING/RE-POSTING/PUBLICATION OF SAME. SPONSOR WILL NOT EDIT ENTRIES PRIOR TO POSTING/RE-POSTING/PUBLISHING THEM ON ITS SOCIAL MEDIA ACCOUNTS IN CONJUNCTION WITH THE CONTEST.
Entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her entry in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. Such use includes but is not limited to Sponsor possibly posting one’s entry on one or more of its social media. (The preceding grant of rights is subject to any rights retained by the social media channel used by entrant to participate in the Contest, as applicable). Entrant further agrees, upon Sponsor’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such license rights.
Winner selection: Twenty-five (25) prize winners (the “Prize Winner”) will be selected by a panel of the Company based on the image and depiction of transformation used with the hashtag #bathart. If the selected Prize Winner is found to be ineligible or cannot, or does not, comply with these Official Rules, such Prize Winner may be disqualified and an alternate Prize Winner may be selected from the entries, all as determined by the Sponsor in its sole discretion. The odds of an entrant winning will depend on the number of eligible entries received by the Sponsor. The winner will be contacted through the platform they entered on.
Quebec Residents Only: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
Twenty-five (25) prize winners will receive: a prize pack of Lush Cosmetics products.
Total approximate retail value of the prizes awarded in this Contest: $1200 CAD.
The Prize is non-transferable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor at its sole discretion. In the event that the Prize cannot be awarded for any reason, the Sponsor may choose to award a prize of equal or greater value. All taxes, fees and surcharges wherever applicable on the Prize are the sole responsibility of Prize Winner. Any unclaimed prize will not be awarded and will be forfeit.
ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
Acceptance of the Prize constitutes Prize Winner’s permission for Sponsor or its respective designees to use Prize Winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed (including, but not limited to publishing the Prize Winner’s name on Sponsor’s Social Media pages), in perpetuity, without further compensation, except in Tennessee and where prohibited by law. If the selected potential Prize Winner fails to comply with these Official Rules, is found to be ineligible or does not submit required documentation within the designated period, the Prize will be forfeited and an alternate winner selected. By accepting the Prize, the Prize Winner further acknowledges that the Sponsor and any other entity involved with this Contest have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied in fact or in law, relative to the Prize or the Prize suppliers or to any portion thereof, including by not limited to its quality, merchantability, mechanical condition, or fitness for a particular purpose including, without limitation, use of any equipment associated with any portion of the prize. If the Contest prize notifications are returned as undeliverable, or if any Prize Winner refuses their prize, or any portion thereof, such Prize Winner will be disqualified and an alternate Prize Winner may be selected in accordance with the rules of this Contest.
BY ACCEPTING THE PRIZE, THE WINNER AGREES THAT THE SPONSOR ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THE SPONSOR'S OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS EVENT OR PARTICIPATION IN ANY CONTEST OR PRIZE RELATED ACTIVITY. Void where prohibited. The Contest is subject to all federal, provincial, territorial and local laws.
Miscellaneous: In the event of a dispute, entries made by Internet will be deemed made by the authorized account holder of the Instagram or Twitter account (as per the Instagram or Twitter account provider’s records) at the time of entry. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the Instagram or Twitter account associated with the winning entry. If for any reason the Contest is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of the Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, the Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest without awarding a prize, subject only to the approval of the Régie des alcools, des courses et des jeux (the “ Régie ”) with respect to the province of Quebec, and disqualify any individual who is responsible for such action. If terminated, subject to the permission of the Régie, the Contest Sponsor may, in its sole discretion, determine the Winners from among all eligible Entries received up to time of such action using the procedures outlined herein. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Contest. The Sponsor is not responsible for late, lost, illegible, incomplete, stolen, or misdirected entries. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Each entrant agrees (i) that any dispute arising out of or relating to this Contest or these Official Contest Rules shall be resolved individually and without resort to any class action, and that any judicial proceeding relating to such dispute shall take place in a court in Vancouver, British Columbia, Canada, and (ii) to waive all rights to claim punitive, incidental and consequential damages (including attorneys’ fees) and any and all rights to have such claims multiplied or otherwise increased. All issues, questions or controversies concerning the construction, validity, interpretation and enforceability of these Official Contest Rules or the rights and obligations of participants in this Contest shall be governed and construed in accordance with the laws of the Province of British Columbia and of Canada, without giving effect to any choice of law or conflict of law, rules or provision that would cause the application of laws of any jurisdiction other than that of British Columbia/Canada. By participating in this Contest, the Prize Winner is deemed to have consented to the disclosure of his/her personal information to prize suppliers for the limited purpose of delivery of prizes.
Winner’s List: The Prize Winners shall be announced daily starting November 1st, 2015 until November 24th, 2015 or on such later date as a winner is finally determined at https://www.instagram.com/lushcosmetics and https://twitter.com/lushcosmetics and only a first name and state/province will be provided.
No Endorsement: This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc., Twitter or Instagram (the “Social Media Sites”). You understand that by using and interacting with a Social Media Site, you are subject to the terms, conditions, and policies that govern the use of such Social Media Site. You should therefore review the applicable terms and policies for each Social Media Site, including privacy and data gathering practices, before using or interacting with any such Social Media Site.
Sponsor & Administrator: The Sponsor of this Contest is LUSH Fresh Handmade Cosmetic Ltd., who can be contacted at customercare@LUSH.com, by phone 1-888-733-5874 or by mail c/o #bathart Contest, LUSH Cosmetics, Unit 8680 Cambie Street, Vancouver, B.C. Canada V6P 6M9. A copy of these Official Contest Rules can be obtained by sending a self-addressed stamped envelope to the foregoing address.
Have a great day!