FASHION Etc. CARGO Cosmetics Sweepstakes
Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. The FASHION Etc. CARGO Cosmetics Sweepstakes begins at 12:00 p.m., Eastern Daylight Time (“EDT”) on October 9, 2012 and ends at 11:59: p.m. on October 16, 2012 ("Sweepstakes Period"). Sweepstakes is sponsored by Fashion Etc., LLC, 155 East 55th St., Ste. 6H, New York, NY, 10022 (the "Sponsor").
Eligibility: Sweepstakes is only open to legal residents of the 50 United States, including the District of Columbia, and Canada (excluding Quebec), who have the age of majority in his or her state or province of residence and who are 18 years of age or older as of the Sweepstakes start date. Employees, officers, and directors (including immediate family members and members of the same household) of the Sponsor, CARGO Cosmetics Corp., (the “Prize Provider”), affiliated companies, subsidiaries, retailers, distributors and advertising and promotion agencies, and any other entities directly associated with this sweepstakes (collectively, “Released Parties”), are also not eligible to participate. All federal, state and local laws and regulations apply. Void where prohibited.
How to Enter: Eligible participants can enter the Sweepstakes by visiting www.fashionetc.com and completing an online entry form. All requested information on the online registration form must be completed in order for an entry to be eligible for the post-Promotion prize drawing. LIMIT one entry per person, per email address, per household. Once submitted, an Online Entry cannot be deleted, canceled or modified. Enter using only an e-mail address subscribed and registered in your name. In the event of a dispute as to Online Entries submitted by multiple individuals using the same e-mail account, subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
All entries become the property of the Sponsor and will not be acknowledged or returned. Sponsor reserves the right, in its sole discretion, to void any and all entries of an entrant that submits more than the stated maximum limit of entries by using multiple/different addresses, identities, or any other methods. Sponsor is not responsible for lost, late, incorrect, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.
Drawing and Notification: Four (4) winners will be selected in a random drawing that will take place at the conclusion of the sweepstakes from all eligible entries received up until that date. The prize drawing will take place on or about October 17, 2012 and will be conducted by American Sweepstakes & Promotions Company, Inc. (the “Sweepstakes Administrator”), an independent judging organization, whose decisions are final and binding in all matters relating to this Sweepstakes. Odds of winning will depend on the total number of eligible entries received. The potential prize winner will be contacted by the email address they provided on their entry form. In the event of noncompliance with the Official Rules, if a winner cannot be reached at the email address on the winner’s entry within 48 hours of the first attempt, or if the prize or prize notification is returned as unclaimed or undeliverable, an alternate winner will be selected.
Prize: Four (4) winners will each receive a CARGO Cosmetics product. First place winner will receive a CARGO Essential Palette with an Approximate Retail Value (ARV) of $34. Second place winner will receive a CARGO JetLag Concealer with an ARV of $32. Third place winner will receive a CARGO ColorStick with an ARV of $28. Fourth place winner will receive a CARGO Lip Gloss Quad with an ARV of $24. Total prize pool ARV is $118.
Prize Conditions: By accepting any prize, the prize winner agrees to release the Sponsor, the Released Parties, and prize suppliers from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded. No substitution or transfer of prize or election of cash in lieu of prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value in the event that the prize (or any component thereof) is not available. Each Prize winner is solely responsible for all applicable federal, state and local taxes and/or any other fees/costs associated with the prize or receipt of the prize. If a Canadian citizen wins a Prize, they will be required to answer, unaided, a mathematical skill-testing question. The winner’s entry and acceptance of the prize offered constitutes permission (except where prohibited by law) for the Sponsor to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without notice or further compensation. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, or if potential winner does not respond within forty-eight (48) hours from the first notification attempt, or if potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue.
Use of Data: Sponsor will be collecting personal data about entrants including phone numbers and e-mail addresses in accordance with its Privacy Policy. Please review the Sponsor's Privacy Policy at the following link: /privacy-policy. By participating in the Promotion and providing this information, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy. Sponsor may share this information with the Sweepstakes Prize Provider and any Released Parties associated with this Sweepstakes.
Terms & Conditions: This Sweepstakes is subject to all applicable federal, state, and local laws. By entering the Sweepstakes, entrants agree to release, discharge, indemnify and hold harmless the Released Parties , and each of their respective directors, officers, employees, shareholders and agents from any and all liability, loss, damage or injuries to any person (including death) or property of any kind sustained in connection with their participation in the Sweepstakes or from their acceptance, receipt, possession and/or use or misuse of the prize, or for any typographical or other error in the printing, offering or announcement of the prize. Entrants further acknowledge that said parties 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, including, but not limited to, its quality or fitness for a particular purpose. Any person attempting to defraud or in any way tamper with the Sweepstakes mechanics and/or implementation will be prosecuted to the fullest extent of the law. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sweepstakes Administrator, and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Sponsor reserves the right to disqualify any entrant that Sponsor determines, in its sole discretion, violates these Official Rules. This Sweepstakes is void where prohibited.
Internet Limitations of Liability: If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor 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 Sweepstakes in whole or in part, at any time, without notice and award the Grand Prizes using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable. 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. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address
Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Winners List Requests: To request confirmation of the name and address of the winner, please send a self-addressed, stamped business size envelope, by October 16, 2012, to: ASC/CARGO Cosmetics Sweepstakes Winner’s List Request, 300 State St. Suite 402, Rochester, NY 14614.
Sponsor: Fashion Etc., LLC, 155 East 55th St., Ste. 6H, New York, NY, 10022.