E.L.F. Cosmetics
Sweepstakes and Contest OFFICIAL RULES

  1. Current Contest Rules:
  2. SELFIE TO BELFIE SWEEPSTAKES

Selfie to Belfie Sweepstakes

Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law. Subject to all federal, state, provincial, territorial, and local laws, regulations, and ordinances. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH ANY SOCIAL MEDIA PLATFORM, INCLUDING FACEBOOK, INSTAGRAM, TWITTER, ETC. By entering into the Sweepstakes, you accept the Official Rules and the General Terms and Conditions for Promotions (the “Official Rules and General Terms”) and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes

 

Name:

Spot the Dolphin Sweepstakes (the “Sweepstakes”).

Sponsor:

e.l.f. Cosmetics, Inc., 570 10th Street, Oakland, CA 94607.

Entry Period:

Entries will open at 9:00 a.m. PT on March 22th, 2023 and end at 11:59 p.m. PT on March 25, 2023 (the “Entry Period”), after which time the Sweepstakes will be closed and no further entries shall be accepted.

Winner(s):

One (1) Winner.

Winner to be chosen on March 26, 2023 and notified as soon as possible after selection.

Prize(s):

One (1) prize per winner consisting of the following (the “Prize”):

  • One (1) Good Vibes Only Soft Velvet Primer
  • One (1) Good Vibes Only Eyeshadow Brush Set
  • One (1) Good Vibes Only Eyeshadow Palette in Hey Sunshine
  • One (1) Good Vibes Only Eyeshadow Palete in Psychedelic Dreams
  • One (1) Good Vibes Only Shroom Lip Balm
  • One (1) Good Vibes Only Cloud 9 Cleansing Cloud
  • One (1) Good Vibes Only Nail Stickers
  • One (1) $50 e.l.f. Cosmetics Gift Card Card (which is subject e.l.f.'s terms and conditions applicable to gift cards)
  • One (1) $100 Lulus.com Gift Card (which is subject Lulus' terms and conditions applicable to gift cards)

Total Approx. Retail Value        $191.00

How to Enter:

During the Entry Period, go to www.instagram.com (or open the Instagram app on your device) and

  • follow @elfcosmetics
  • follow @lulus
  • tag two (2) or more friends in the comments section of @elfcosmetics' Sweepstakes post. Each friend tag counts as a separate entry.

Limit one (1) entry per unique social media platform account or email address and per person for the Sweepstakes during the Entry Period.

Eligible Participants:

The Sweepstakes is open to all legal U.S. residents currently residing in the fifty (50) United States and the District of Columbia who are eighteen (18) years or older as of the date of entry.

The General Terms and Conditions for Promotions contain additional requirements and restrictions on entry.

Selection of Winner(s):

Sponsor (or its designee or representative) will select the number of potential stated winner(s) of the Prize in a random drawing from among all entries received during the Entry Period. The odds of winning are based on the number of eligible entries received during the Entry Period.

Additional Terms

None

 

Terms Specific to Selfie to Belfie Sweepstakes

NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.

The “Selfie to Belfie” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America (“USA”) and shall only be construed and evaluated according to the laws of the USA and applicable state law.  Do not enter this Sweepstakes if you are not located in the USA are otherwise ineligible to enter in accordance with these Official Rules at the time of entry.

THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY ANY SOCIAL MEDIA PLATFORM INCLUDING WITHOUT LIMITATION TIKTOK (“SOCIAL MEDIA PLATFORM(S)”).

SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by e.l.f. Cosmetics, Inc., 570 10th St, Oakland, CA 94607 (the “Sponsor”) and administered by Alliance Sweepstakes Services, Inc., 620 Park Ave. #332, Rochester, NY 14607 (the “Administrator”).

ELIGIBILITY: The Sweepstakes is open to legal residents of the USA who are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective states of permanent residence at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, American Eagle Outfitters, Inc., the Administrator, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing (collectively, the “Released Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)). 

AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Grand Prize (as defined below) is contingent upon fulfilling all requirements set forth herein. 

HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Standard Time (“EST”) on March 30, 2023 and ends at 11:59:59 p.m. EST on April 7, 2023 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Entrants must have a valid TikTok account in order to participate in the Sweepstakes. If an Entrant does not have a TikTok account, they can create a free account by visiting https://www.tiktok.com or downloading the TikTok app. IN ADDITION, ENTRANTS MUST FOLLOW @ELFyeah ON TIKTOK IN ORDER TO BE ELIGIBLE. Entrants can enter the Sweepstakes by uploading one (1) public video to the Entrant’s personal TikTok account. The Entrant must include the following criteria within or accompanying their post:

 

  • Use the e.l.f. X AE Belfie filter
  • Use the e.l.f. x AE Belfie Original Song
  • Show off a denim-inspired face and fit look
  • Use both hashtags #elfAE #Sweepstakes

 

Each video uploaded meeting the listed criteria will result in one (1) Sweepstakes entry.

Entrants also have the option to enter the Sweepstakes by mail. Entrants can obtain one (1) Sweepstakes entry by legible hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, phone number, date of birth, and email address, and mailing the card in a #10 business-sized envelope, with proper postage affixed to: ASC/e.l.f. Sweepstakes, 300 State St. Suite 402, Rochester, NY 14607. All entries must be postmarked by April 7, 2023 and received by April 12, 2023. **NOTE: Mail-in entry card and envelope must be hand-printed by the Entrant only. In addition, Entrants are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the Administrator). Each Envelope must be mailed individually. Bulk shipments of entries will not be accepted.

Limit one (1) entry per Entrant. Proof of entry is not considered proof of delivery to or receipt by Sponsor of an entry. Released Parties are not responsible for: late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the sole purpose of administering this Sweepstakes. All information submitted by Entrants will be treated according to Sponsor’s Privacy Policy, available at www.elfcosmetics.com/privacy-notice/privacy-policy.html. By entering the Sweepstakes and providing their email address and other contact 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. 

ENTRY REQUIREMENTS/RESTRICTIONS: Once submitted, an entry cannot be deleted, canceled or modified. In order to be eligible, entries must actually be received by Sponsor during the Sweepstakes Period.  Entries received by Sponsor before the start of the Sweepstakes Period or after the end of the Sweepstakes Period will be discarded and deemed VOID. For purposes of this Sweepstakes, an entry is “received” when the Website’s servers record the entry information.  Proof of submitting a Sweepstakes entry form online (such as an automated computer receipt confirming entry or “thanks for entering” screen or message) will not be deemed by Sponsor to constitute proof of actual receipt by Sponsor of an entry for purposes of this Sweepstakes.  Those who do not follow all of the instructions, do not provide the required information in their entry form, or do not abide by these Official Rules or other instructions of Sponsor will be disqualified.  All entries become property of Sponsor and will not be returned or acknowledged. Entries made by any other individual or any entity, and/or using any e-mail address other than the Entrant’s or any other website, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified. Your submission of an entry constitutes your representation of eligibility, consent to participate in Sweepstakes and consent for Sponsor to obtain, use, and transfer your name, address, photograph and other information for the purpose of Sweepstakes administration. 

By submitting an entry, each Entrant: 1) irrevocably grants Sponsor a royalty-free non-exclusive license throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the entry in whatever media, including without limitation edit, rearrange, and/or copy the entry for use in the Sweepstakes of Sponsor's products and services, without further permission, consideration or payment to the Entrant, except where prohibited; 2) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; and 3) certify that Entrant is the creator and sole copyright owner of the Entry.

Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has obtained owner’s written permission to use (Sponsor’s discretion); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, e-mail addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules.  Entries that do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Sweepstakes’, or another’s image or reputation.

GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus or bugs, (ii) tampering or unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) 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 applicable Prize (defined below) 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 and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. 

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. 

Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties and Social Media Platforms from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of the Prize (defined below). Released Parties assume 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. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email 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 Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. For New Jersey Residents: nothing herein bars recovery of damages or attorneys’ fees where mandated by statute.

Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE. 

By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER.  SECTION 1542 READS AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

DRAWING AND NOTIFICATION: The potential Grand Prize Winner will be selected in a random drawing from among all eligible entries received throughout the Sweepstakes Period. The Grand Prize drawing will be conducted by the Administrator, whose decisions are final and binding. The Prize drawing will be conducted on or about April 13, 2023. The potential Winner will be contacted by the Sponsor and/or Administrator via TikTok. Odds of winning the Grand Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period.

GRAND PRIZE: There will be one (1) Grand Prize available. The Grand Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive the following (“Prize” or “Grand Prize”):

  • The “Jean Queen” Title
  • $10,000 cash award
  • One (1) Belfie stick
  • The full e.l.f. X AE collection which includes:
    • One (1) Denim Daze Eyeshadow Pallet
    • One (1) Get Cheeky Clay Mask
    • One (1) Eyes.Lips. Jeans Recycled Makeup Bag
    • One (1) Perfect pHit Lip Balm

Grand Prize ARV - $10,109. NOTE: Substitution, assignment or transfer of the Prize is not permitted, except by Sponsor, who reserves the right to substitute the Prize (or Prize component) with another prize of equal or greater value. All other expenses associated with Prize acceptance or usage not specifically mentioned herein are the responsibility of the Winner.

PRIZE CONDITIONS: By accepting the Grand Prize, the Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The potential Winner must sign and return to the Administrator, within five (5) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. The Winner may also be asked to complete an IRS Form W9. Note: The Affidavit sent to the potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner is responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize, and the Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not respond as instructed within two (2) days from the first notification attempt, or if a potential Winner fails to return requisite document(s) 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, at Sponsor’s sole discretion, an alternate Winner may be selected.

By accepting the Grand Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture or video, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. The Winner also acknowledges that Released 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.

DISPUTES: By entering the Sweepstakes, Entrants agree that i) 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; ii) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorney fees and iii) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of California, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein. 

MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein.  The rights and obligations hereunder may not be assigned by the Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.  

WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of the Winner, please send a self-addressed, stamped business-size envelope, May 21, 2023 to: Alliance/e.l.f. “Selfie to Belfie” Sweepstakes Winners List Request, 620 Park Ave. #332, Rochester, NY 14607.

 

General Terms and Conditions for Promotions

These general terms and conditions for promotions apply to all sweepstakes or contests (each, a “Promotion”) sponsored by Sponsor. Certain terms may only be applicable depending on the type of Promotion (i.e., sweepstakes or contest).

  1. Additional Entry Requirements, Restrictions and Information

Entrants That Have Not Reached Age of Majority. Any entrant who is older than the required age to enter the Promotion but has not yet reached the age of majority in the jurisdiction in which he/she resides will need to obtain permission from his/her parent/legal guardian in order to enter and if chosen as a winner, the applicable prize will be awarded in the name of his/her parent or legal guardian.

Ineligible Participants. Employees, officers, and directors of Sponsor or any of its parents, controlled affiliates, and subsidiaries, or any of their respective representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agents or agencies, website providers, web masters involved in the creation, design, execution, production, or fulfillment of the Promotion, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win.

Social Media Platform Entries. If the Promotion is being run on a social media platform, each entrant must be a member of the applicable social media platform and his or her account must be set to the “public” setting in order to participate; joining the applicable social media platform used in the Promotion is free – please visit the applicable social media platform’s website for more information on how to join. Upon completing an entry, each entrant will automatically be entered with one (1) entry into the Promotion. If an entrant deletes his or her entry before the end of the Entry Period, that entrant will no longer be entered into the Promotion and must complete another entry before the end of the Entry Period to be re-entered into the Promotion.

Limit of Entries. The limit of entries is set forth in the Official Rules. If no limit is specified, limit one (1) entry per unique social media platform account or email address and per person for the Promotion during the Entry Period. Multiple participants are not permitted to share the same email address or social media platform account. Any attempt by any person to obtain more than the stated number of plays and/or entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that person’s plays and/or entries, and that person may be disqualified at Sponsor’s sole and absolute discretion.

Additional Restrictions and Information. Each entrant must provide all required information and follow all entry rules to be eligible to enter and win. Entries that do not include the required components will not be eligible and will be disqualified. Bulk, automated and/or third-party entries are prohibited and will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules and General Terms may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. Normal Internet access, phone, and usage charges imposed by an entrant’s online or phone service may apply.

  1. Winning

Chances of Winning. For sweepstakes, the odds of winning are based on the number of eligible entries received during the Entry Period.

Number of Winners. In no event will there be more than the stated number of winners (total and by class (e.g., grand prize, runner-up, regular, etc.)) in the Promotion.

Notification of Winning. The potential winner(s) will be notified by Sponsor using a method reasonably calculated to provide actual notice (which for Promotions run on a social media platform will be by direct message via the social media platform used in the Promotion).

Alternate Winners. If the potential winner(s) cannot be contacted after 24 hours after the first attempt to contact him/her, or if a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner, which will be selected in accordance with the specific selection procedures outlined in the Official Rules. For sweepstakes, unless otherwise agreed to by Sponsor in its sole discretion, only two (2) alternate drawings will be held if a potential winner is disqualified for any reason or cannot be contacted, after which that prize will remain un-awarded.

Verification. Winning a prize is contingent upon fulfilling all requirements set forth herein and an entrant is not a winner of any prize unless and until that entrant’s eligibility has been verified and that entrant has been notified that verification is complete. Sponsor reserves the right to verify the eligibility of winners, whose decisions are final and binding in all matters related to the Promotion. A potential winner may be required to sign and return an affidavit of eligibility.

Disputes. In the event of a dispute as to any winning entry, the authorized account holder of the email address associated with the entry (or associated with the social media platform account associated with the entry) will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to Sponsor or forfeit the prize.

  1. Prizes

The approximate value of any prize or element thereof represents Sponsor's good faith determination.

Each winner is solely responsible for payment of any and all applicable federal, state, provincial, territorial, and local taxes, fees (including any import fees), and surcharges imposed on the acceptance of the applicable prize. Physical elements of a prize will be delivered to a winner, at Sponsor’s cost and by post or common carrier selected by Sponsor, to the address provided by that winner. Shipped elements of a prize will not be insured and Sponsor will not assume any liability for lost, damaged or misdirected prizes or elements thereof.

No substitution or exchange of any prize will be allowed, except by Sponsor, who reserves the right to substitute a prize, or component thereof, of equal or greater value in case of unavailability of a prize, or component thereof, or force majeure.

  1. Content Submissions

By entering in the Promotion, you agree that your entry and any other materials submitted in connection with the Promotion may be posted on Sponsor’s website and/or other social media platforms or applications associated with the Promotion in a manner that is consistent with the Official Rules and General Terms.

Entries, comments and content submitted or uploaded to any social media platforms or other public sites in connection with the Promotion (collectively, “Content Submissions”) may not contain, depict or show any content that:

  • is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or pornography;
  • promotes any activities that may appear unsafe or dangerous, or any political agenda or message;
  • promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age;
  • contains use of firearms/weapons/ammunition, any illegal drugs, violence, or the use of alcohol or tobacco products;
  • promotes gambling, including without limitation, any content related to online casinos, sports books, bingo, or poker;
  • defames, misrepresents or contains disparaging remarks about Sponsor or other companies;
  • contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published via websites, television, movies or other media) owned by any third party, without permission;
  • contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than entrant, or otherwise infringes on the privacy of any person other than an entrant;
  • communicates messages or images inconsistent with the positive image and good will of Sponsor’s brand (including any cruelty to, or mistreatment in any way of animals);
  • contains any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; or
  • violates any law.

Content Submissions will be disqualified that:

  • contain, depict or show such content; that exceed any required file size or length limits imposed by Sponsor (or any person or entity acting on behalf of Sponsor in connection with the Promotion) or any third-party social media platform
  • violate these Content Submission requirements; or
  • violate the Official Rules and General Terms.

Sponsor (or any person or entity acting on behalf of Sponsor in connection with the Promotion) reserves the right in its sole and unfettered discretion to disqualify any Content Submission that it believes is inappropriate or not suitable for publication, that does not comply with the Official Rules and General Terms, or that is not consistent with the spirit or theme of the Promotion.

If the Content Submission contains an identifiable person other than the entrant who submitted the Content Submission, by submitting the Content Submission, the entrant represents and warrants that he/she has obtained the consent of such person to the use of the Content Submission as outlined herein and such person may be required to provide written consent to use by Sponsor (or any person or entity acting on behalf of Sponsor in connection with the Promotion) of the Content Submission.

By submitting a Content Submission, entrant explicitly acknowledges and agrees that for a period of ten (10) years, renewable at Sponsor’s option, Sponsor and its legal representatives, successors and assigns shall have the irrevocable, worldwide right to license, sub-license, edit, alter, post, reproduce, publicly display and publish, in any media, including online, any or all material which you upload to any websites, social media platforms, and applications associated with the Promotion, with or without first and/or last name credit to the entrant without any additional consideration or approvals from or to entrant; and Content Submissions that attempt to restrict this right will not be considered. Each entrant warrants and represents that his/her Content Submission is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, complies with the Official Rules and General Terms, and will not violate any federal, state or local laws or ordinances.

  1. General Conditions

Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of the Official Rules and General Terms shall not constitute a waiver of that provision.

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR SOCIAL MEDIA PLATFORM ASSOCIATED WITH THE PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Promotion, and/or the legitimate operation of the Promotion; to violate the Official Rules and General Terms; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of the Official Rules and General Terms; or (b) award any prize at random from among the eligible, non-suspect entries received up to the time of the impairment.

  1. Release and Limitations of Liability

By participating in the Promotion, entrants agree that Sponsor, the applicable social media platform provider (e.g., Facebook, Instagram, Twitter, etc.) and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agents and agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for:

  • any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion
  • technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software;
  • unauthorized human intervention in any part of the entry process or the Promotion;
  • technical or human error which may occur in the administration of the Promotion or the processing of entries; or
  • any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize.

No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in the Official Rules and General Terms to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

BY PARTICIPATING IN THE PROMOTION, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THE PROMOTION OR IN ANY RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF ANY APPLICABLE SOCIAL MEDIA PLATFORM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE OR APPLICATION, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER OR TERRORISM.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE PROMOTION, INCLUDING ANY WEBSITES AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

  1. Publicity Release

Except where prohibited by law, each winner grants to Sponsor (which grant will be confirmed in writing on request of Sponsor), its subsidiaries, affiliates, retailers, distributors, advertising, sweepstakes and similar promotional agencies, suppliers, and those acting pursuant to its authority, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including, but not limited to, the world wide web, at any time or times, such winner’s name, portrait, picture, voice, likeness, and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification.

  1. Intellectual Property

By submitting an entry, entrant agrees that all Content Submissions that entrant may submit to Sponsor or otherwise post in connection with the Promotion, including all rights embodied therein, whether sent via electronic mail, a social media platform or any other means, with the exception of personally identifiable information as identified in Sponsor’s Privacy Notice, are deemed to be non-confidential and non-proprietary and Sponsor shall have no obligation of any kind with respect to such content submissions. Sponsor shall be free to edit, exploit, modify, publish, reproduce, use, disclose, disseminate and distribute the Content Submission to others without limitation in any and all media now known or not currently known, throughout the world for any purpose without compensation, permission or notification to entrant or any third-party. Entrant hereby grants to Sponsor and its legal representatives, successors and assigns, for a period of ten (10) years, renewable at Sponsor’s option, an irrevocable, and world-wide license to use the Content Submission in any form or format and to modify the same, and acknowledges and agrees that if Sponsor does use the Content Submission, entrant shall not be entitled to any credit, consideration, notice or payments of any kind. Entrant waives any moral rights he or she may have to the Content Submission and agrees that if Sponsor elects to use Content Submission for any purpose, all rights under copyright or other intellectual property rights which may result from that relating to entrant's content submission or from use of the same by Sponsor shall be the sole property of Sponsor. Entrant further agrees that if Sponsor elects to use entrant's Content Submission, entrant will execute any documents requested by Sponsor regarding this assignment. If any use by Sponsor of the Content Submission causes it to be liable to any third-party, entrant agrees to indemnify Sponsor and its agents, employees, affiliates, subsidiaries, representative and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) which it incurs as a result of its use of the Content Submission.

Sponsor grants entrants a limited, revocable, non-sublicensable license to use Sponsor’s name, product, trademarks and logos (collectively, “Sponsor’s IP”) for the sole purpose of participating in the Promotion. Entrants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, entrants recognize that all rights, title, and interest in Sponsor’s IP shall vest exclusively to Sponsor, and each entrant agrees that he or she has not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Sponsor’s IP except for the limited license granted to entrants as set forth herein is transferred or created.

  1. Disputes

Except where prohibited by law, entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate State Court located in the borough of Manhattan, New York City, New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant 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. The Official Rules and General Terms will be governed by, and interpreted in accordance with the laws of the state of New York, excluding that state’s choice-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, will be governed by the laws of state of New York, excluding that state’s choice-of-law principles.

  1. Privacy

US Entrants. Any personal information sent to, shared with or collected by Sponsor in connection with this Contest is subject to Sponsor’s Privacy Notice and each entrant understands that he/she is providing such information to Sponsor and to any social media platform provider (or its affiliates) (or its affiliates). Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use entrants’ personal information submitted with entry for purposes of administering the Promotion (including but not limited to contacting and announcing the winner), for prize fulfillment, and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest. If an entrant has questions or concerns about the use of personal information by Sponsor, an entrant can contact Sponsor by emailing Sponsor at help@elfcosmetics.com. If Sponsor needs, or is required, to contact an entrant concerning any event that involves the entrant’s personal information, Sponsor may do so by email, direct message, telephone, or mail.

 

EU/UK Entrants. Any personal information sent to, shared with or collected by Sponsor in connection with the Sweepstakes is subject to Sponsor’s Privacy Notice and each entrant understands that he/she is providing such information to Sponsor and not to any social media platform provider (or its affiliates). The General Data Protection Regulation (GDPR) provides a number of protections for the collection and use of your personal data detailed in Sponsor’s Privacy Notice. Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers will only use entrants’ personal information submitted with entry for purposes of administering the Promotion (including but not limited to contacting and announcing the winner) and for prize fulfillment, unless an entrant provides express consent signifying his/her agreement to any other processing or use of his/her personal data (for example, receiving marketing messages), which an entrant may withdraw at any time by following the procedures outlined in Sponsor’s Privacy Notice. If an entrant has questions or concerns about the use of personal information by Sponsor, an entrant can contact Sponsor by emailing Sponsor at help@elfcosmetics.com. If Sponsor needs, or is required, to contact an entrant for purposes of administering the Promotion and for prize fulfillment, Sponsor may do so by email, direct message, telephone, or mail.

  1. Social Media Platform Disclaimer

If the Promotion is being run on a social media platform, entrants in the Promotion, by participating in the Promotion via that social media platform, are also subject to that social media platform’s data policy, privacy policy, terms of use or other similar policies. Please visit the applicable social media platform’s website for more details.

If the Promotion is being run, promoted, and/or publicized on any social media platform, entrants acknowledge that the Promotion is in no way sponsored, administered, or endorsed by the applicable social media platform(s) Entrants acknowledge the non-responsibility of the owner of the applicable social media platform, its officers, directors, employees and agents with regards to all aspects of the Promotion. Entrants specifically agree to release the applicable social media platform, its officers, directors, employees and agents from any and all liability associated with the Promotion.

  1. Nature of Relationship/Waiver of Equitable Relief

Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Content Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Content Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Content Submission or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Content Submission or any material based on or allegedly based on the Content Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

  1. Official Rules and List of Winner(s)

Official Rules. For a copy of the Official Rules and General Terms, visit https://www.elfcosmetics.com/promotion-details/sweepstakes-contest-rules/. You can also obtain a copy of the Official Rules and General Terms by sending a stamped, self-addressed envelope to:

e.l.f. Cosmetics, Inc.
Re: [insert promotion’s official name]
570 10th Street
Oakland, CA 94607

All requests for copies of the Official Rules and General Terms must be received no later than 30 days after the date of selection of the winner(s).

Winners List. For a winners list, send a stamped, self-addressed envelope to:

e.l.f. Cosmetics, Inc.
Re: [insert promotion’s official name]
570 10th Street
Oakland, CA 94607

All requests for a winners list must be received no later than 30 days after the date of selection of the winner(s).

Copyright ©2019 e.l.f. Cosmetics, Inc. e.l.f.® is a registered trademark of e.l.f. Cosmetics, Inc. All other trademarks are registered marks of their respective owners both in the United States and abroad. All rights reserved.

Name:

Spot the Dolphin Sweepstakes (the “Sweepstakes”).

Sponsor:

e.l.f. Cosmetics, Inc., 570 10th Street, Oakland, CA 94607.

Entry Period:

Entries will open at 9:00 a.m. PT on March 22th, 2023 and end at 11:59 p.m. PT on March 25, 2023 (the “Entry Period”), after which time the Sweepstakes will be closed and no further entries shall be accepted.

Winner(s):

One (1) Winner.

Winner to be chosen on March 26, 2023 and notified as soon as possible after selection.

Prize(s):

One (1) prize per winner consisting of the following (the “Prize”):

  • One (1) Good Vibes Only Soft Velvet Primer
  • One (1) Good Vibes Only Eyeshadow Brush Set
  • One (1) Good Vibes Only Eyeshadow Palette in Hey Sunshine
  • One (1) Good Vibes Only Eyeshadow Palete in Psychedelic Dreams
  • One (1) Good Vibes Only Shroom Lip Balm
  • One (1) Good Vibes Only Cloud 9 Cleansing Cloud
  • One (1) Good Vibes Only Nail Stickers
  • One (1) $50 e.l.f. Cosmetics Gift Card Card (which is subject e.l.f.'s terms and conditions applicable to gift cards)
  • One (1) $100 Lulus.com Gift Card (which is subject Lulus' terms and conditions applicable to gift cards)

Total Approx. Retail Value        $191.00

How to Enter:

During the Entry Period, go to www.instagram.com (or open the Instagram app on your device) and

  • follow @elfcosmetics
  • follow @lulus
  • tag two (2) or more friends in the comments section of @elfcosmetics' Sweepstakes post. Each friend tag counts as a separate entry.

Limit one (1) entry per unique social media platform account or email address and per person for the Sweepstakes during the Entry Period.

Eligible Participants:

The Sweepstakes is open to all legal U.S. residents currently residing in the fifty (50) United States and the District of Columbia who are eighteen (18) years or older as of the date of entry.

The General Terms and Conditions for Promotions contain additional requirements and restrictions on entry.

Selection of Winner(s):

Sponsor (or its designee or representative) will select the number of potential stated winner(s) of the Prize in a random drawing from among all entries received during the Entry Period. The odds of winning are based on the number of eligible entries received during the Entry Period.

Additional Terms

None

 

NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.

The “Selfie to Belfie” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America (“USA”) and shall only be construed and evaluated according to the laws of the USA and applicable state law.  Do not enter this Sweepstakes if you are not located in the USA are otherwise ineligible to enter in accordance with these Official Rules at the time of entry.

THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY ANY SOCIAL MEDIA PLATFORM INCLUDING WITHOUT LIMITATION TIKTOK (“SOCIAL MEDIA PLATFORM(S)”).

SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by e.l.f. Cosmetics, Inc., 570 10th St, Oakland, CA 94607 (the “Sponsor”) and administered by Alliance Sweepstakes Services, Inc., 620 Park Ave. #332, Rochester, NY 14607 (the “Administrator”).

ELIGIBILITY: The Sweepstakes is open to legal residents of the USA who are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective states of permanent residence at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, American Eagle Outfitters, Inc., the Administrator, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing (collectively, the “Released Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)). 

AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Grand Prize (as defined below) is contingent upon fulfilling all requirements set forth herein. 

HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Standard Time (“EST”) on March 30, 2023 and ends at 11:59:59 p.m. EST on April 7, 2023 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Entrants must have a valid TikTok account in order to participate in the Sweepstakes. If an Entrant does not have a TikTok account, they can create a free account by visiting https://www.tiktok.com or downloading the TikTok app. IN ADDITION, ENTRANTS MUST FOLLOW @ELFyeah ON TIKTOK IN ORDER TO BE ELIGIBLE. Entrants can enter the Sweepstakes by uploading one (1) public video to the Entrant’s personal TikTok account. The Entrant must include the following criteria within or accompanying their post:

 

  • Use the e.l.f. X AE Belfie filter
  • Use the e.l.f. x AE Belfie Original Song
  • Show off a denim-inspired face and fit look
  • Use both hashtags #elfAE #Sweepstakes

 

Each video uploaded meeting the listed criteria will result in one (1) Sweepstakes entry.

Entrants also have the option to enter the Sweepstakes by mail. Entrants can obtain one (1) Sweepstakes entry by legible hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, phone number, date of birth, and email address, and mailing the card in a #10 business-sized envelope, with proper postage affixed to: ASC/e.l.f. Sweepstakes, 300 State St. Suite 402, Rochester, NY 14607. All entries must be postmarked by April 7, 2023 and received by April 12, 2023. **NOTE: Mail-in entry card and envelope must be hand-printed by the Entrant only. In addition, Entrants are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the Administrator). Each Envelope must be mailed individually. Bulk shipments of entries will not be accepted.

Limit one (1) entry per Entrant. Proof of entry is not considered proof of delivery to or receipt by Sponsor of an entry. Released Parties are not responsible for: late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the sole purpose of administering this Sweepstakes. All information submitted by Entrants will be treated according to Sponsor’s Privacy Policy, available at www.elfcosmetics.com/privacy-notice/privacy-policy.html. By entering the Sweepstakes and providing their email address and other contact 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. 

ENTRY REQUIREMENTS/RESTRICTIONS: Once submitted, an entry cannot be deleted, canceled or modified. In order to be eligible, entries must actually be received by Sponsor during the Sweepstakes Period.  Entries received by Sponsor before the start of the Sweepstakes Period or after the end of the Sweepstakes Period will be discarded and deemed VOID. For purposes of this Sweepstakes, an entry is “received” when the Website’s servers record the entry information.  Proof of submitting a Sweepstakes entry form online (such as an automated computer receipt confirming entry or “thanks for entering” screen or message) will not be deemed by Sponsor to constitute proof of actual receipt by Sponsor of an entry for purposes of this Sweepstakes.  Those who do not follow all of the instructions, do not provide the required information in their entry form, or do not abide by these Official Rules or other instructions of Sponsor will be disqualified.  All entries become property of Sponsor and will not be returned or acknowledged. Entries made by any other individual or any entity, and/or using any e-mail address other than the Entrant’s or any other website, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified. Your submission of an entry constitutes your representation of eligibility, consent to participate in Sweepstakes and consent for Sponsor to obtain, use, and transfer your name, address, photograph and other information for the purpose of Sweepstakes administration. 

By submitting an entry, each Entrant: 1) irrevocably grants Sponsor a royalty-free non-exclusive license throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the entry in whatever media, including without limitation edit, rearrange, and/or copy the entry for use in the Sweepstakes of Sponsor's products and services, without further permission, consideration or payment to the Entrant, except where prohibited; 2) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; and 3) certify that Entrant is the creator and sole copyright owner of the Entry.

Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has obtained owner’s written permission to use (Sponsor’s discretion); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, e-mail addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules.  Entries that do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Sweepstakes’, or another’s image or reputation.

GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus or bugs, (ii) tampering or unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) 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 applicable Prize (defined below) 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 and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. 

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. 

Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties and Social Media Platforms from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of the Prize (defined below). Released Parties assume 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. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email 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 Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. For New Jersey Residents: nothing herein bars recovery of damages or attorneys’ fees where mandated by statute.

Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE. 

By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER.  SECTION 1542 READS AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

DRAWING AND NOTIFICATION: The potential Grand Prize Winner will be selected in a random drawing from among all eligible entries received throughout the Sweepstakes Period. The Grand Prize drawing will be conducted by the Administrator, whose decisions are final and binding. The Prize drawing will be conducted on or about April 13, 2023. The potential Winner will be contacted by the Sponsor and/or Administrator via TikTok. Odds of winning the Grand Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period.

GRAND PRIZE: There will be one (1) Grand Prize available. The Grand Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive the following (“Prize” or “Grand Prize”):

  • The “Jean Queen” Title
  • $10,000 cash award
  • One (1) Belfie stick
  • The full e.l.f. X AE collection which includes:
    • One (1) Denim Daze Eyeshadow Pallet
    • One (1) Get Cheeky Clay Mask
    • One (1) Eyes.Lips. Jeans Recycled Makeup Bag
    • One (1) Perfect pHit Lip Balm

Grand Prize ARV - $10,109. NOTE: Substitution, assignment or transfer of the Prize is not permitted, except by Sponsor, who reserves the right to substitute the Prize (or Prize component) with another prize of equal or greater value. All other expenses associated with Prize acceptance or usage not specifically mentioned herein are the responsibility of the Winner.

PRIZE CONDITIONS: By accepting the Grand Prize, the Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The potential Winner must sign and return to the Administrator, within five (5) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. The Winner may also be asked to complete an IRS Form W9. Note: The Affidavit sent to the potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner is responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize, and the Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not respond as instructed within two (2) days from the first notification attempt, or if a potential Winner fails to return requisite document(s) 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, at Sponsor’s sole discretion, an alternate Winner may be selected.

By accepting the Grand Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture or video, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. The Winner also acknowledges that Released 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.

DISPUTES: By entering the Sweepstakes, Entrants agree that i) 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; ii) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorney fees and iii) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of California, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein. 

MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein.  The rights and obligations hereunder may not be assigned by the Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.  

WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of the Winner, please send a self-addressed, stamped business-size envelope, May 21, 2023 to: Alliance/e.l.f. “Selfie to Belfie” Sweepstakes Winners List Request, 620 Park Ave. #332, Rochester, NY 14607.