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BEAUTYCOUNTER® “TAG A HERO” GIVEAWAY

OFFICIAL TERMS AND CONDITIONS

ELIGIBILITY

NO PURCHASE NECESSARY TO ENTER OR WIN. Purchase will not improve chances of winning.
This Beautycounter “Tag a Hero” Giveaway (this “Giveaway”) is sponsored by Counter Brands, LLC dba Beautycounter, 1733 Ocean Ave Ste 400, Santa Monica, CA 90401 (“Sponsor”). This Giveaway will be conducted over four (4) weeks and will be divided into four (4) separate weekly entry periods set forth below (each, an “Entry Period”), with Winners (defined below) selected from the entries submitted during each Entry Period:
  • Week 1 Entry Period: Starting on Friday, March 27, 2020 at 12:00 AM Pacific Time (“PT”) and ends on Thursday, April 3, 2020 at 11:59:59 PM PT.
  • Week 2 Entry Period: Starting on Friday, April 4, 2020 at 12:00 AM PT and ends on Thursday, April 10, 2020 at 11:59:59 PM PT.
  • Week 3 Entry Period: Starting on Friday, April 11, 2020 at 12:00 AM PT and ends on Thursday, April 17, 2020 at 11:59:59 PM PT.
  • Week 4 Entry Period: Starting on Friday, April 18, 2020 at 12:00 AM PT and ends on Thursday, April 24, 2020 at 11:59:59 PM PT.
Sponsor’s clock is the official Giveaway timekeeper.
By participating in this Giveaway, each participant 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 participant’s participation in the Giveaway will be subject to Sponsor’s Terms of Use. Each participant understands that they are providing their information to Sponsor and the information provided will be used in accordance with Sponsor’s 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 a participant does not fully agree to the terms of the Terms of Use or Privacy Policy, such participant should not enter this Giveaway. Any personally identifiable information collected during a participant's participation 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 participant during any separate opt-in opportunity provided to participant during this Giveaway.
All entries are the property of Sponsor and will not be acknowledged or returned. Fifty (50) Winners of prizes will be selected per Entry Period, and one (1) prize is available to be awarded to each Winner per Entry Period (in accordance with the procedures set out below). 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 Instagram (the “Social Platform”). The Social Platform is 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 Platform.
1. NOMINATOR AND RECIPIENT ELIGIBILITY: This Giveaway is open only to Nominators and Recipients (defined below) who are legal residents of the United States (50 states or Wash., DC) or Canada and are (at the time of participation) at least the age of majority in their state/jurisdiction of residence at the time of participation. The Giveaway is open to Sponsor clients, guests, Band of Beauty Members, and Consultants in the United States and Canada only. 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 be Nominators or Recipients (defined below). The Giveaway is void where prohibited by law. Nominators and Recipients (defined below) may use only one (1) Social Platform Account (an “Account”) to participate in this Giveaway, and their Account must be set to public and not private.
2. HOW TO ENTER: No purchase necessary. There are two (2) entry methods, (A) Instagram “Tag a Hero” Method, and (B) Email Entry Method, which are described as follows:

(A). Instagram “Tag a Hero” Method: During each Entry Period, eligible individuals (each, a “Nominator”) can participate in this Giveaway by completing the following steps: (i) from your Account, respond to Sponsor’s #GIVEAWAY post by tagging one (1) friend (see tag suggestions below for each week of this Giveaway) who meets the eligibility requirements set out above (each, a “Recipient”); and (ii) add the hashtags #BCLovesGiveaway, #BeautycounterGiveaway, and #Giveaway (collectively, an “Eligible Tag”). The eligible Recipient nominated within an Eligible Tag in accordance with these Official Rules will receive one (1) entry in this Giveaway for the applicable Entry Period in which the Eligible Tag is submitted.

Week 1: Tag someone who is going above and beyond to help others (e.g. health care professionals, grocery store clerks, etc.)

Week 2: Tag someone who has been going above and beyond to lift you up

Week 3: Tag someone whose day could be brightened up (makeup related)

Week 4: Tag someone whose life has been negatively affected by the COVID-19 developments (e.g. lost a job, cannot work from home, experienced a business closure, etc.) or

(B) Email Entry Method: To nominate a Recipient in this Giveaway without completing a social media post to your Account, eligible Nominators can nominate a Recipient in this Giveaway by taking the following steps during an Entry Period:

(1) Send an email with the following information to [email protected]:

  • The giveaway name: Beautycounter “Tag a Hero” Giveaway
  • Your name
  • Your Full Address
  • Your Phone number, and
  • Your Recipient’s name and Instagram handle (or if your Recipient does not have an Instagram account, your Recipient’s phone number and email address)
(2) Email entries must be received by Sponsor during an Entry Period;

(3) Email entries must be submitted by an eligible Nominator and contain all required information;

(4) The Recipient identified within an eligible email entry submitted and received in accordance with these Official Rules (an “Eligible Email”) will receive one (1) entry in this Giveaway for the applicable Entry Period in which the Eligible Email is received by the Sponsor.;

(5) Sponsor is not responsible for any undelivered, late, incomplete, misdirected or illegible Email entries; and

(6) Proof of sending or submission will not be deemed to be proof of receipt of any Email entries by Sponsor.
Each eligible entry received by Recipients during an Entry Period is herein referred to as an “Entry” (regardless of the method of entry). A limit of one (1) Recipient can be nominated per Eligible Tag or per Eligible Email (each, an “Eligible Submission”). There is a limit of a limit of one (1) Eligible Submissions that may be submitted per Nominator per Entry Period.
By participating in this Giveaway, each Nominator 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. Nominators agree to assign and hereby do assign to Sponsor the ownership rights to all Eligible Submissions. Upon the Sponsor’s request, Nominators 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. With respect to Canadian residents, to the extent the foregoing grant and assignment is unenforceable pursuant to applicable law, Nominators grant to Sponsor, in perpetuity, a non-exclusive, worldwide license to publish, display, reproduce, modify, edit or otherwise use his/her Eligible Submission, in whole or in part, for any purpose whatsoever in any kind of medium whatsoever. Once a Nominator submits an Eligible Submission, it cannot be changed or deleted. Eligible Submissions will be reviewed for content by Sponsor and Sponsor reserves the right to remove any Eligible Submission, in its sole and absolute discretion. 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 for 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 a Nominator, the authorized account holder of the email account used to enter the Eligible Submission will be deemed to be the Nominator. “Authorized account holder” is defined as the person who is assigned to an email address by a service provider. Nominators 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, Nominator, or Recipient (as applicable) does not meet the eligibility and other criteria outlined herein.
3. NOMINATOR RULES & ELIGIBLE SUBMISSION REQUIREMENTS. The following rules apply to each Nominator and his/her nomination:

i. A Nominator may only provide information in relation to a Recipient if he/she has received valid consent from that person to provide his/her information within the Eligible Submission and enter them into the Giveaway as a Recipient; ii. A Nominator may only provide information in relation to a Recipient: (i) with whom he/she has had direct voluntary two way communications, and with whom it is reasonable to conclude he/she has a personal relationship considering shared interests, experiences, opinions and other relevant factors; or (ii) to whom he/she is related by marriage, a common-law partnership, or parent-child relationship, and with whom he/she has had direct voluntary two way communications; iii. The information of a Recipient will not be added to any direct marketing list or used in any direct marketing programs without his/her consent; iv. A Nominator and/or the Recipient may withdraw consent to use his/her personal information at any time; and
v. If a Nominator or Recipient has any questions, please contact Sponsor’s privacy officer by sending an email to [email protected], or writing to 1733 Ocean Avenue, Suite 400, Santa Monica, California 90401, Attn: General Counsel.
By participating in this Giveaway, each Nominator hereby warrants and represents that any materials associated with his/her Eligible Submission (“Entry Materials”):
i. are original to him/her and that the Nominator has obtained all necessary rights in and to the Entry Materials for the purposes of submitting such Entry Materials in this Giveaway;
ii. do not violate any law, statute, ordinance or regulation;
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;
iv. 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; and
v. 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 behaviour 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 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 a Nominator 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 Nominator (and therefore the corresponding Entry and/or the associated Recipient) – to help ensure that this Giveaway is being conducted in accordance with Sponsor’s interpretation of the letter and spirit of these rules.
4. RANDOM DRAWINGS: Random draws will be held by the Sponsor beginning at 12:00pm PT on the following dates for each weekly Entry Period of this Giveaway to select the potential winning Recipients (the “Winners”):
  • Week 1: April 4, 2020
  • Week 2: April 11, 2020
  • Week 3: April 18, 2020
  • Week 4: April 25, 2020
During each draw, fifty (50) Entries will be drawn from amongst all eligible Entries received prior to the close of the applicable Entry Period, as determined by the Sponsor at its sole discretion. Unselected Entries in a random draw will not carry over into any subsequent random draw(s)). Limit of one (1) prize is available to be awarded per Winner per Entry Period. Prizes will be drawn in the order that they are listed below.
For the avoidance of any doubt, the Nominator who made the Eligible Submission nominating a potential winning Recipient does not win anything in this Giveaway – only Recipients are eligible to be selected as Winners in the Giveaway and to receive prizes.
Odds of winning a prize available depend on the total number of eligible Entries received for the applicable Entry Period. A RECIPIENT IS NOT AN OFFICIAL WINNER UNLESS AND UNTIL RECIPIENT’S ELIGIBILITY HAS BEEN VERIFIED, THE CORRESPONDING NOMINATOR’S ELIGIBILITY HAS BEEN VERIFIED, THE SPONSOR’S REQUIRED PRIZE DOCUMENT(S) ARE COMPLETED AND RETURNED, AND RECIPIENT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.
5. NOTIFICATION / PRIZE ACCEPTANCE: The potential Winners will each be notified by Sponsor via Instagram direct message, e-mail or telephone (depending on the method of entry) within seven (7) days after the random drawing is held. 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 five (5) business days of Sponsor’s first notification attempt. Any potential Winner residing in Canada, before being declared an official winner, will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) complete and personally sign and return within five (5) business days of Sponsor’s first notification attempt the Sponsor’s declaration and release form. Failure to return the properly executed prize documents within the specified time (and, if a potential Winner is a resident of Canada, failure to correctly answer the skill-testing question) will result in forfeiture of the prize. 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 (or his/her corresponding Nominator) 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 from amongst all remaining eligible Entries. All expenses on receipt and use of prize are the sole responsibility of the applicable Winner.
6. PRIZES: There are two hundred (200) prizes available to be awarded in the Giveaway in total, each consisting of a selection of Beautycounter products as set out below:
PrizesNumber AvailableApproximate Retail Value ("ARV") Each
Week 1: Charcoal Bar, Counter+ Brightening Mist, Counter+ No. 2 Plumping Facial Oil50$131 USD / $184 CAD
Week 2: Counter+ No 3 Balancing Spa Set, Charcoal Bar50$115 USD / $162 CAD
Week 3: Luminous Highlighter (Topaz), Satin Powder Blush (Raspberry), Lip gloss (Bellini), Color Intense Lipstick (Girls' Night)50$132 USD / $186 CAD
Week 4: Countermatch Eye Cream, Countermatch Recovery Sleeping Cream, Countermatch Body Lotion50$134 USD / $188 CAD
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 USA or Canadian 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/provincial/territorial and local) on the prize are the sole responsibility of the applicable Winner.
7. PUBLICITY RELEASE: Acceptance of the prize constitutes each Winner's permission for Sponsor to use such Winner's and corresponding Nominator’s Entry, name, statements about the Giveaway, product review(s), testimonial (in whole or part), prize information and address (city and state/province/territory) 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 and corresponding Nominator releases Sponsor from all claims arising out of the use of such Attributes.
8. ENTRY CONDITIONS AND RELEASES: By participating in this Giveaway, EACH NOMINATOR AND RECIPIENT AGREES for his/her and for his/her heirs, executors, administrators, representatives, insurers and assigns: (A) to release and hold harmless and indemnify the Giveaway Entities, Instagram, Inc., 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 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 Nominator’s or Recipient’s participation in Giveaway and/or his/her acceptance, possession, use and/or misuse of a 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 Nominator’s or Recipient’s participation in this Giveaway and/or his/her acceptance, use and/or misuse of a prize. Released Parties are not responsible for, and each Nominator and Recipient hereby releases the Released Parties from, any claims arising from: (i) lost, late, illegible, mutilated, misdirected, damaged, corrupted, inaccessible, inaccurate or incomplete Eligible Submissions, Entries, and Eligible Submissions or Entries not received by the time designated for an Entry Period; (ii) technical failures 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; (iii) unauthorized human intervention in the entry process or technical or human error which may occur in the administration of or processing of Eligible Submissions or Entries in this Giveaway; (iv) any injury or damage to persons or property, including but not limited to participant’s computer, hardware or software, including which may be caused, directly or indirectly, in whole or in part, from participation in this Giveaway; and (vi) theft, tampering, destruction, or unauthorized access to, or alteration of Eligible Submissions. 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 Winners.
9. RELEASE OF CLAIMS (CALIFORNIA): Each participant 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 participants 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 participants 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.”
10. DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Québec, Canada, 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 or local government law, order, or regulation, public health crisis or governmental restrictions implemented to mitigate a public health crisis (e.g. due to 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, subject only to the approval of the Régie in Québec, 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 participant’s sole and exclusive remedy under such circumstances.
11. DISPUTES: Except where prohibited, participant 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 participant be permitted to obtain awards for, and participant 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 United States and Canada, without applying any conflicts or choice of law provisions under such law that might refer the construction or interpretation of any term hereof to the laws of any other jurisdiction. FOR RESIDENTS OF QUÉBEC 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 board only for the purpose of helping the parties reach a settlement.
12. OFFICIAL RULES: For these Official Rules or the name of the Winners, send a self-addressed envelope to: Counter Brands, LLC, 1733 Ocean Ave Santa Monica CA 90401, Attn: Rachel Brand. Requests must be received by May 15, 2020.