Hero Cosmetics Instagram Giveaway
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: Hero Cosmetics Giveaway (the “Sweepstakes”) is open only to those who sign up at the online sweepstakes page and who are at least 18 years of age or the age of majority in their jurisdiction of residence (whichever is greater) as of the date of entry. The sweepstakes is only open to legal residents of The United States, excluding Rhode Island, overseas military installations, Puerto Rico and other U.S. territories and is void where prohibited by law. Employees of Hero Cosmetics LLC (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Hero Cosmetics LLC, as final and binding as they relate to the Sweepstakes.
3. Sweepstakes Period: Entries will be accepted online starting on or about December 20, 2021 at 8:00AM EST and ending December 20, 2021 at 11:59PM PST (the “Sweepstakes Period”). All online entries must be received by December 20, 2021 at 11:59PM PST. Sponsor’s computer shall be the official clock of the Sweepstakes.
4. How to Enter: A valid public Instagram account (available for free at http://instagram.com) and internet access are required to enter this Sweepstakes. You must follow @herocosmetics on Instagram. During the Sweepstakes Period, @herocosmetics will each post a photo or video to its Instagram account that announces this Sweepstakes (each a “Sweepstakes Post”). Like and comment on a Sweepstakes Post by telling Sponsor who your two (2) friends are (individually “Entry”, collectively “Entries”). Limit: ten (10) Entries per Sweepstakes Post, for a maximum total of twenty (20) Entries per person.
Additional Entries: You must complete one (1), or both, of the following methods for additional Entries.
Method 1: During the Sweepstakes Period, Entrants may obtain one (1) additional entry by commenting with the “sparkles” emoji that is on your mobile device) on one of the last four (4) Instagram posts by @herocosmetics. Limit: one (1) additional entry per qualifying post, up to a maximum total of four (4) additional entries.
Method 2: During the Sweepstakes Period, Entrants may obtain one (1) additional entry by sharing the Sweepstakes Post on Entrant’s Instagram Story and tagging @herocosmetics in that Instagram Story.
To be valid, all Entries must be received no later than December 20, 2021 at 11:59PM PST.
5. Entry Conditions: In case of dispute, Entries will be deemed made by the authorized account holder of the Instagram account submitted with or associated with the Entry. “Authorized account holder” is defined as the natural person who is assigned to an Instagram account, 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. The use of multiple Instagram accounts by one (1) person to enter above the stated limit is specifically prohibited and may cause disqualification. Each potential winner may be required to show proof of being the Authorized account holder. Sponsor will not verify receipt of Entries; no correspondence will be entered into by Sponsor to entrant regarding the status of an entry. Entries become property of Sponsor and will not be returned.
6. Prizes: Winners (2) will receive a collection of products that may include Mighty Patch Original 36ct, Mighty Patch Invisible+, Mighty Patch Surface, Mighty Patch Variety, Mighty Patch Micropoint for Blemishes, Mighty Patch Micropoint for Dark Spots, Clear Collective Exfoliating Jelly Cleanser, Clear Collective Balancing Capsule Toner, Clear Collective Clarifying Prebiotic Moisturizer, Force Shield Supercharged Reset Mist, Force Shield Superfuel Serum Stick, Forceshield Superlight Sunscreen SPF 30, Brave Body Power Wash, Brave Body Deep Scrub, Brave Body Mineral Melt, Brave Body Once Over Toner, Rescue Balm, Rescue Balm +Red Correct, and Lightning Wand. The approximate retail value (ARV) of all prizes is $279.81 USD. Actual/appraised value may differ at time of prize award. Difference between actual value and stated value will not be awarded. The specifics of the prize shall be solely determined by the Sponsor. One prize per household/family/person. No cash redemptions or other prize substitution permitted except at Sponsor's discretion. The prize is non-transferable. Any and all prize related expenses including, without limitation, any and all federal, state, and/or local taxes, shall be the sole responsibility of the winner. All prizes will be awarded provided a sufficient number of eligible entries are received.
7. Winner selection and notification: Winner of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor on or about December 21, 2021. The odds of winning depend on the number of eligible entries received. Potential winning Entrants will be contacted via Instagram direct messaging. If a potential winning Entrant is determined by Sponsor to be ineligible, unqualified to participate in this Promotion, in violation of these Official Rules, or does not respond to Sponsor’s correspondence within 24 hours, the potential winning Entrant may be disqualified and a new potential winning Entrant will be selected by random drawing, if time permits.
Affidavit of eligibility and liability and publicity release must be signed & returned within 5 days of mailing or prize forfeited (TN residents need not sign publicity release). Hero Cosmetics LLC shall have no liability for winner's failure to receive notices due to winner's spam, junk e-mail or other security settings or for winner's provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 5 days from the time award notification was sent, or fails to timely return a completed and executed affidavit of eligibility and liability and publicity release as required, prize may be forfeited and an alternate winner selected.
The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. Sponsor’s failure or delay to enforce any term of these Official Rules shall not constitute a waiver of that term.
8. Rights Granted by you: By entering this Sweepstakes or accepting a prize you understand and consent to the right of Hero Cosmetics LLC, anyone acting on behalf of Hero Cosmetics LLC, or its respective licensees, successors and assigns, except where prohibited by law, without any further notice, review or consent, to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the world, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Terms: Each Entry submitted (i) must be in keeping with the Sponsor’s image or video (as Sponsor determines in its sole discretion), (ii) may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, contain nudity, unlawful or plagiarized, (iii) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, (iv) may not violate or encourage others to violate any law, statute, ordinance or regulation, (v) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property right or any other third party right, (vi) may not contain commercial or corporate advertising, including display of corporate logos, brand names and slogans, other than those relating to Sponsor, (vii) may not include references to alcoholic beverages, tobacco, drug paraphernalia, firearms or any depiction or representation thereof and (viii) may not include any virus, worm, corrupt file, Trojan horse or other forms of corruptive code or content that may harm or compromise a web site or the proper conduct of the Sweepstakes. Potential winning Entrants are subject to Sponsor’s verification. Sponsor’s decisions are final and binding in all matters related to the Sweepstakes. Potential winners must comply with the Official Rules, and receipt of prizes is contingent upon fulfilling all requirements. Sponsor is not responsible for technical, hardware or software failures, malfunctions, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or unforeseen schedule changes that may limit an Entrant’s ability to participate in the Sweepstakes, even if caused by Sponsor’s negligence, damage caused by computer virus or otherwise resulting to any computer or mobile device from entrant's access of the Sweepstakes web site, whether human, mechanical or electronic, or incorrect or inaccurate information whether caused by Sweepstakes web site or Instagram users or by any of the programming or equipment associated with or used in the Sweepstakes. Entries generated by script, macro or other automated means or with the intent to impair the integrity of the Sweepstakes will be void. Sponsor has the sole discretion to modify, cancel or suspend this Sweepstakes should viruses, bugs, unauthorized human intervention, fraud, an Act of God, natural disaster, terrorism, weather, epidemics or pandemics or other causes beyond Sponsor’s control corrupt or affect the administration, security, fairness or proper play of the Sweepstakes or Sponsor otherwise becomes incapable of running the Sweepstakes as planned. Sponsor is not responsible for changes to Entrant’s contact information. In such case, Hero Cosmetics LLC will post a notice on the Sweepstakes web site and may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Hero Cosmetics LLC. Any individual who attempts or otherwise encourages, directly or indirectly, the submission of false Entries, as determined by Sponsor, will be disqualified. Sponsor has the sole discretion to disqualify any Entrant who tampers with or attempts to tamper with the Entry process or the operation of the Sweepstakes or website or who is acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor has the sole discretion to disqualify Entrants who violate these Official Rules, tamper with the operation of the Sweepstakes or engage in any conduct that is deemed detrimental or unfair to Sponsor, the Sweepstakes or any other Entrant. Sponsor has no obligation to return any Entry, if applicable, submitted by a disqualified Entrant.
Hero Cosmetics LLC has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to the use of bots, macros or scripts or other technical means for entering. Notwithstanding the foregoing, Hero Cosmetics LLC reserves the right to do anything it choses within the bounds of law to either remedy any situation or discontinue the Sweepstakes.
10. Limitation of Liability: By entering the Sweepstakes, you agree to release and hold harmless Hero Cosmetics LLC and its 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) such entrant's participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries; and (vi) claims for invasion of privacy, appropriation of likeness or defamation, demands, rights, promises, damages and liabilities brought by whomever and arising out of or in connection with the Sweepstakes including, without limitation, use or distribution of photographs and/or video recordings. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram, and Sponsor and all entrants release Facebook and Instagram from any liability in connection with this Contest.
11. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF NEW YORK WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes and causes of action arising out of or connected with this Sweepstakes or any prize awarded which cannot be resolved between the parties, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
13. Winner List: To obtain a copy of the winner's name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Hero Cosmetics LLC, 407 Broome Street, 7th Floor, New York, NY 10013. Requests must be received no later than November 15th, 2021.
Sponsor: The Sponsor of the Sweepstakes is Hero Cosmetics LLC, located at 407 Broome Street, 7th Floor, New York, NY 10013. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor and not to Facebook or Instagram.