MERIT x SheerLuxe Full Collection Giveaway
Effective Date: November 7, 2023
SPONSOR: POWER BEAUTY CO. dba Merit
PRIZE: 2 of Merit The Full Collection Set.
NUMBER OF WINNERS: One
DURATION: November 9, 2023 - November 30, 2023
HOW TO ENTER: Submit Email through Sheerluxe.com.
FULL TERMS & CONDITIONS
SPONSOR: POWER BEAUTY CO. dba Merit
PRIZE: Two (2) Full Collection Sets
NUMBER OF WINNERS: 1
DURATION: November 9, 2023 – November 30, 2023
HOW TO ENTER: Submit Email through https://sheerluxe.com/win/2023/11/win-the-full-collection-set-for-you-friend-worth-over-ps700-from-merit-beauty.
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
IF YOU ARE LOCATED IN THE UK, PLEASE SEE ANNEX BELOW TO ACCESS THE TERMS APPLICABLE TO YOU.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ENTRY PERIOD: (the “Giveaway”) begins at 12:00:01 AM Eastern Time (“ET”) on November 9, 2023, and ends at 11:59:59 PM ET on November 30, 2023 (the “Giveaway Period”).
ELIGIBILITY: The Giveaway is only open to legal residents of the 50 United States, including the District of Columbia, who are age 18 or older and the age of majority in their state of residence (19 and older in Alabama and Nebraska; 21 and older in Mississippi) at the time of entry, and who comply with the terms and conditions outlined in these official rules (the “Official Rules”). Void in Puerto Rico, Guam, the U.S. Virgin Islands, and wherever else prohibited by law. Employees of Sponsor, and its respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Giveaway is subject to all applicable federal, state and local laws and regulations.
LIMIT: One (1) Entry per person regardless of whether entrant has more than one email address or phone number. All entries become the property of the Sponsor and will not be acknowledged or returned.
PRIZE DESCRIPTION: Sponsor will award one (1) winning entrant with two (2) of The Full MERIT Collection Set. The ARV of each Prize is three hundred and forty four dollars ($344). The total ARV of all Prizes available to be won is six hundred and eighty eight dollars ($688).
WINNER SELECTION & NOTIFICATION: Winners of the Giveaway will be selected in a random drawing under the supervision of the Sponsor. Potential Prize winners will be notified via email, and will be required to claim their Prize within seven (7) days of notification. The Prizes will be awarded within approximately thirty (30) days after the winner is notified and verified.
If a Prize notification or Prize is returned as undeliverable, or if a winner fails to respond within 7 days, is found to be ineligible or not in compliance with these Official Rules, that winner will be disqualified and shall forfeit the Prize, and the Prize may be awarded to an alternate winner in a separate random drawing in Sponsor’s sole discretion. Sponsor shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of Prizes available to be awarded, Sponsor reserves the right to not award such Prizes. Acceptance of the Prize constitutes permission for Sponsor to use winner's name and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
PRIZE CONDITIONS: Prizes are not redeemable for cash, assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize of equal or greater value at its discretion. Any other incidental expenses not specified herein are a winner’s sole responsibility.
TAXES: All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility.
ODDS OF WINNING: The odds of winning this Promotion depend on the number of eligible entries received.
DISCLAIMERS: Although subsequent attempts to enter may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate email address, will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Sponsor, and release the Sponsor, its affiliated companies, and all other businesses involved in this Giveaway, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims, damages, costs, expenses, losses and liability relating to their participation in the Giveaway, and the acceptance and use/misuse of a Prize offered. Participating entrants assume all liability for, and Released Parties shall be held harmless against, any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Giveaway, acceptance, possession, or use/misuse of a Prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of the Prizes.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Giveaway. By participating in the Giveaway, entrant (i) agrees to be bound by these Official Rules, including all eligibility requirements, and (ii) agrees to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Giveaway. Failure to comply with these Official Rules may result in disqualification from the Giveaway.
Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor. If, for any reason, the Giveaway cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Giveaway and any Giveaway it sponsors and (a) suspend the Giveaway and modify the Giveaway to address the impairment, then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the Prizes at random from among the eligible, non-suspect entries received up to the time of the impairment.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS GIVEAWAY CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS GIVEAWAY, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZES TO WINNERS AND/OR THEIR GUESTS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE GIVEAWAY, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Giveaway will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
CLASS ACTION WAIVER AND LIMITATION OF LIABILITY: BY ENTERING THE GIVEAWAY, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FORTY DOLLARS ($40.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FORTY DOLLARS ($40.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES AND MANDATORY ARBITRATION AGREEMENT: Entrants, Sponsor and the Released Parties each agree to finally settle all disputes arising out of or related to this Giveaway only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Giveaway shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York County, New York. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
WINNER’S LIST: For a copy of these Official Rules or a winner’s name, please email: firstname.lastname@example.org with the subject line: MERIT x SheerLuxe Giveaway. Please be specific whether you are requesting a copy of these Official Rules.
All trademarks used herein are the property of their respective owners in the United States and abroad.
MERIT Beauty All rights reserved.
ANNEX – GIVEAWAY TERMS AND CONDITIONS (UK ENTRANTS ONLY)
- The Giveaway is open to all UK residents aged 18 years or over, except employees of the Sponsor, their families, agents or any third party directly associated with administration of the Giveaway.
- The Giveaway is free to enter and no purchase is necessary.
- All entries must be submitted at https://sheerluxe.com/win/2023/11/win-the-full-collection-set-for-you-friend-worth-over-ps700-from-merit-beauty and only one entry per person is permitted.
- The opening date for entries is 12:00:01 AM Eastern Time on November 9, 2023. The closing date of the prize draw is 11:59:59 PM ET on November 30, 2023. Entries received after this time will not be considered.
- The Sponsor accepts no responsibility for entries not successfully completed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
- A winner will be chosen by random draw as supervised by the Sponsor on December 1, 2023.
- The winner will receive two (2) of The Full MERIT Collection Set. The ARV of each Prize is three hundred and forty four dollars ($344). The total ARV of all Prizes available to be won is six hundred and eighty eight dollars ($688).
- The winner will be notified by email (using details provided at entry) before December 1, 2023 and must provide a postal address to claim their prize. If a winner does not respond to the Sponsor within seven (7) days of being notified by the Sponsor, then the winner's prize will be forfeited and the Sponsor will be entitled to select another winner in accordance with the process described above.
- The prize will be sent to the winner by post within 30 days of being notified of their win.
- The prize for the winner is non-exchangeable, non-transferable and no cash alternative is offered.
- The prize is supplied by the Sponsor, POWER BEAUTY CO. dba Merit of 750 N San Vicente Blvd West Hollywood, CA 90069 . The Sponsor reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the Sponsor's control makes it necessary to do so. Prize images used are for visual purposes only. Alternative products, sizes or colors may be substituted for the items shown.
- The decision of the Sponsor regarding any aspect of the Giveaway is final and binding and no correspondence will be entered into about it.
- The winner’s surname and county will be available on request for one month after the prize(s) has been claimed by sending an email to email@example.com. Entrants may object to the disclosure of this information by sending an email to firstname.lastname@example.org November 30, 2023. The information shall nevertheless be made available to the Advertising Standards Authority upon request.
- Participants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry. The Sponsor reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions.
- The Sponsor reserves the right to hold void, cancel, suspend, or amend the Giveaway where it becomes necessary to do so.
- Insofar as is permitted by law, the Sponsor, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Sponsor, its agents or distributors or that of their employees. Your statutory rights are not affected.
- Entrants acknowledge that to enter the Giveaway they must disclose certain limited personal data to SheerLuxe. This personal data will in turn, be shared with the Sponsor. Personal data provided by the entrant will be processed by SheerLuxe and the Sponsor as joint controllers for purposes of administering the Giveaway and in accordance with their respective privacy policies. SheerLuxe is the primary point of contact should participants have any questions or wish to exercise their privacy rights. Should participants have any questions please reach out directly to email@example.com. However, this does not prevent participants contacting the Sponsor – contact details for whom are available via https://www.meritbeauty.com/pages/privacy-policy. All other processing of personal data outside the scope of the Giveaway e.g., where a participant also consents to receiving marketing communications from either SheerLuxe or the Sponsor, will be carried out by either SheerLuxe or the Sponsor as an independent controller.
- The terms and conditions in this Annex are subject to English law. Disputes can be referred to the English courts.