2023 Holiday Giveaway Details
COMMENT ON INSTAGRAM TO WIN!
Tell us “If you could create your dream holiday-themed makeup palette, what colors and features would it include?” in the comments for your chance to win 1 of 3 "I HEART SMITH" gift sets. (See Official Rules for Details)
OFFICIAL RULES
NO PURCHASE NECESSARY
No purchase or payment of any kind is necessary to enter or win the sweepstakes. A purchase will not improve your chances of winning. ENTRY PERIOD The Sweepstakes starts on December 6th, 2023 at 12:00 PM EST and ends on December 20th, 2023 at 11:59 PM PST (the "Sweepstakes Period").
Sweepstakes is not sponsored, endorsed or administered by Instagram, nor is Instagram associated with this Sweepstakes in any way. By entering, you acknowledge that Instagram bears no responsibility for this promotion and you acknowledge that Instagram bears no liability whatsoever in connection with this promotion. You understand that you are providing information to the Sponsor and not to Instagram. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor, and not to Instagram. Instagram is a registered trademark of Meta, Inc.
ELIGIBILITY
The Sweepstakes is open only to those legal residents Canada (excluding Quebec) and the mainland United States who are 18 years of age or older as of the date of entry and who meet the eligibility requirements. The officers, directors, employees, contractors, and agents of the Sponsor and their immediate families and those living in the same households of any of the above are not eligible. All Federal, State/provincial and local rules and regulations apply. Void where prohibited or restricted by law.
SPONSOR
The sponsor of this Sweepstakes is Smith Cosmetics, 587 Davis Drive, Newmarket, Ontario, Canada, L3Y 2P5. (the “Sponsor”). The Sweepstakes shall be bound to these Official Rules, and by entering, all participants agreed to be bound by the terms and conditions herein. Certain restrictions apply.
HOW TO ENTER
Participants may enter the Smith Cosmetics ‘Comment to WIN” Giveaways Sweepstakes via Instagram.
To enter via Instagram:
As a registered Instagram Account holder, participants must follow @smithcosmetics on Instagram, like the sweepstakes post, and comment on the sweepstakes post. Your posted comment is your official entry into the sweepstakes. One entry per participant per photo. Winners will be randomly selected from the pool of entries on the close of the sweepstakes. On the conclusion of the sweepstakes, @smithcosmetics will announce the end of the sweepstakes on the same sweepstakes photo.
We reserve the right to delete any comments, for any reason. Entries cannot defame, misrepresent or contain disparaging remarks about Sponsor or any of its products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor associates. Sponsor reserves the right to monitor and will monitor or screen entries and delete, if required in its sole discretion. By entering, you acknowledge that your entry may be posted on the Sponsor’s Website(s) or other media pages, in Sponsor’s sole discretion. Sponsor has no obligation to use or post any photo you submit. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose. Online entries that are not in accordance with these Official Rules as stated herein or are not received during the Sweepstakes Period will be ineligible. Entries cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind other than Smith Cosmetics Inc., or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (e) contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; and (g) depict, and cannot itself, be in violation of any law. By submitting an entry you warrant and represent that it: (a) is your original work; (b) has not been previously published; (c) has not received previous awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from any third party who appears in the entry or whose name, likeness, voice or other proprietary right is used in the entry, if any; and (f) that publication of the entry via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Sponsor and Promotion Entities from any claims to the contrary. Any entrant whose entry includes photographs, likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including use by Sponsor(s) of such entry, in a form satisfactory to Sponsor, upon request, prior to award of prize. Any entry that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication is ineligible. Incomplete, illegible, false, deceptive or garbled entries are not eligible. In the event of an identity dispute, entry will be considered made by the registered owner of the Instagram account used for entry. “Registered owner” is defined as the natural person who is assigned an Instagram account by an Internet access provider, online service provider or other organisation, which is responsible for assigning addresses or the domain associated with the submitted address. All entries become the sole property of the Sponsor and will not be acknowledged or returned. Cropped photos are eligible. For a photo in which a person is recognizable, you must secure a model release from the subject or, in the case of a minor, the subject’s parent or guardian and provide it to Smith Cosmetics Inc. upon request. Photos that violate or infringe upon another person’s rights, including copyright, are not eligible. High-quality scans of non-digital photographs are acceptable. Digital photographs should be taken at the highest resolution possible.
NOTE: Entry must be made by the entrant using their Instagram account. Entries made by any other individual of any entity, and/or originating at any other Internet web site or email address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device to automate the entry process is prohibited.
PRIZE(S)
There will be three (3) winners drawn randomly (the “Winner”), who will each win one (1) prize consisting of an ‘I Heart Smith Set”provided by Sponsor. The retail value of the prize is $192 USD. Each prize consists of:
- #230 Quill Crease Brush Small
- #232 Quill Crease Brush Large
- #233 Quill Crease Brush Extra Small
- #235 Flat Quill Crease Brush
- #237 Quill Crease Brush Extra Large:
- Smithfolio 0.5 Y
You are not guaranteed to win a prize and your chance of winning is dependent on the total number of eligible entries received at the time of drawing.
All federal, State/provincial, territorial and local taxes, including sales tax, goods and services/harmonized taxes or other value-added taxes, and all costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the Winners. Prizes are awarded “as is” with no warranty, condition or guarantee, either express or implied, by Sponsor or any of its Affiliates. Sponsor is responsible for supplying the applicable prize identified above and Sponsor should have any obligation or responsibility for any prizes not expressly identified as being provided by such person in these Rules. Winners may not substitute, assign or transfer a prize or redeem a prize for cash, but Sponsor, as applicable, reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion and the specifics of prizes shall be solely determined by Sponsor, as applicable.
Acceptance of a prize constitutes permission for Sponsor and its respective Affiliates to use Winner’s name, likeness and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
WINNER SELECTION
The winners will be selected by random drawing and potential winners will be notified by Instagram Direct Message and will be required to correctly answer an unaided, time-limited, mathematical skill-testing question. Winners will be chosen from all eligible entries received, and the potential winners will be notified on Instagram after December 21st, 2023. Smith Cosmetics Inc. will Direct Message the potential winner(s) so that potential winner(s) may send a Direct Instagram Message to @smithcosmetics with his/her name and mailing address. The potential winners will be required to respond to the notification within five (5) days with their name and email address. Confirmed winners will be communicated over Instagram by Wednesday January 10th, 2024. The potential winners may be required to execute an Affidavit of Eligibility and Liability/Publicity Release form (“Eligibility/Liability Form”) within seven (7) days of notification or the prize will be forfeited and an alternate winner will be randomly selected from all eligible entries received. Failure to respond to notifications and/or all required forms within 3 days or to comply with any other provision of this Sweepstakes may result in the potential winner being disqualified and an alternate winner selected. If a prize notification or a prize is returned as undeliverable for any reason, the applicable prize will be awarded to an alternate winner. Prizes are not transferable, assignable, or redeemable for cash. All decisions are final. All Federal, provincial/State and local tax liabilities are the responsibility of the winners.
GENERAL
Entrants release and waive any claims they may have against Releases for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorney's fees) resulting from acceptance, use, or misuse of any prize or parts thereof, or participation in this Sweepstakes. If for any reason, this Sweepstakes is not capable of running as planned, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend this Sweepstakes, or any portion thereof.
If, for any reason, this sweepstakes is not capable of running as planned, or if this Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, The Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, the Sponsor reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect online entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at the Entry Site. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Where a dispute arises about who submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email account entered. The authorized account holder is deemed the natural person who is assigned to an email address by an Internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry and that all eligibility requirements are met.
The Sponsor and any and all Internet server(s) and access provider(s) (collectively, "Promotion Entities"), and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents (collectively with the Promotion Entities, the "Releases") are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant's or any other person's computer relating to or resulting from participation in the Sweepstakes; inability to access the Entry Site; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site (including the Entry Site) or for any other reason whatsoever; printing or other errors; any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof.
Incomplete entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive entries or acts shall render entrants ineligible. By entering the Sweepstakes, entrants affirm that they have read and accepted these Official Rules. The Sweepstakes shall be governed by and construed in accordance with the laws of New York. By entering the Sweepstakes, entrants hereby submit to the jurisdiction and venue of the federal and state courts of New York and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. Any entry information collected from the Sweepstakes shall be used only in a manner consistent with the consent given by entrants at the time of the entry, with these Official Rules and with the smithcosmetics.com Privacy Policy
WINNER'S LIST
For an official winner’s list, send a self-addressed stamped envelope to Smith Cosmetics Comment to WIN Instagram Sweepstakes, 587 Davis Drive, Newmarket, Ontario, Canada, L3Y 2P5.