Official Contest Rules and Legal Disclaimer


Introduction

By entering into the INGLOT USA LLC - sponsored “INGLOT 40th Anniversary Contest” (the “Contest”), each participant (the “Participant”) agrees to abide by these Official Contest Rules and Legal Disclaimer and the decisions of INGLOT USA LLC, such decisions which are final and binding in all respects.

A purchase of any INGLOT product is necessary to enter or win.

Eligibility

Contests are open solely to legal residents of the thirty two (32) United States and the District of Columbia, who are 18 years of age or older at the time of entry, excluding therefrom residents of the following states: Arizona, Colorado, Connecticut, Florida, Illinois, Iowa, Maryland, Nebraska, North Dakota, Tennessee, Vermont, and Washington. Employees, officers, directors, or agents of INGLOT USA LLC (the “Promoter”) or any of Promoter’s partners, related companies, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent, are not eligible to participate. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.

How to Enter

To enter a Contest, visit inglotusa.com click on the Contest tab (the “Contest Site”), and follow the instructions provided therein. On the Contest Site you will learn how to document the purchase that makes you eligible to enter the Contest and how to provide your answer to the Contest question: ‘Which INGLOT product is your must-have, and why?’ (the “Contest Question”). Please, note that you will be allegible to participate in the Contest only if you grant an explicit consent to receive marketing communication from Promoter and its affiliates. The Contest shall begin on October 11, 2023 and shall run until October 25, 2023 23:59 GMT -4. Winners will be announced on October 30, 2023. Promoter will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Limit of one (1) entry per person per Contest; multiple entries by any one individual are void. Entries generated by macro, script, or other automated means are void. Any entrant using fraudulent means to participate in a Contest will be disqualified and may be guilty of violating applicable criminal laws. All entries, once provided, are Promoter’s sole and exclusive property. Eligibility is at the exclusive discretion of Promoter, and Promoter shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Promoter reserves the right, in its sole discretion, to cancel, suspend, or terminate a Contest for any reason and without prior notice to any Participant. In such instance, Promoter may, if and as appropriate, select a winner using reasonable means that are materially consistent with the Contest in question.

Provision of Materials and Information/Intellectual Property

By entering into a Contest, Participant represents and warrants as follows: (1) that it fully owns or has properly licensed whatever materials or information it submits hereunder in connection with the Contest, including the answer to the Contest Question, and can make such submissions without violating any: applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, Promoter shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Contest, its business, brand, products and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known.

Prizes; Selecting and Notifying Prize Winners

The odds of winning a prize of an exclusive set with 40 Years of Celebrating Your Beauty Full Collection (each, a “Prize”) for five (5) selected winners, and the retail value of any such Prize, varies from Contest to Contest. However, in case of the Contest, the answer to the Contest Question will constitute the basis for identifying the authors of the most creative answers to the Contest Question, by a jury composed of 3 members selected by Promoter. Promoter will contact all winners by email to inform that they have won and are entitled to a Prize, and ask for the address, where the prize should be mailed. Promoter is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in a Participant’s account, or any other failure beyond its reasonable control. In the event of a dispute with respect to entries received from more than one user having the same e-mail address/account, the authorized subscriber of the account in question at the time of entry will be deemed the proper entrant. Additionally, all winners to the Contest Question will be posted on Promoter’s website. Any potential winner will forfeit his or her Prize if he or she: (1) fails to respond in a timely fashion to any of Promoter’s requests for information or signatures with respect the Contest or the Prize; (2) cannot be reached at the information provided by such individual; (3) rejects the Prize (or it is returned undeliverable through no fault of Promoter); or (4) is disqualified from the Contest for any reason. In the event of any forfeiture hereunder, an alternate winner may be selected. Prize winners are solely responsible for all applicable: (1) federal, state, and local taxes; and (2) out-of-pocket expenses, associated with Prize acceptance and use. Prizes will not be substituted by Promoter for cash or other merchandise pursuant to any Prize winner’s request. Promoter, however, reserves the right to substitute alternate Prizes of comparable or equal value in its sole discretion. Subject to applicable law, Prizes are offered “as is” without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose. Promoter is not responsible for replacing any damaged Prizes unless such damage is caused by Promoter. Winners must look to the Prize’s manufacturer for potential guarantees or warranties of any kind.

Publicity

Subject to applicable law, entrance in any Contest constitutes the Participant’s consent to Promoter and Promoter’s affiliates to use his or her name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide Participant with any payment or other form of consideration. Participant agrees to execute any document reasonably required by Promoter to effectuate the terms hereof and failure to do so shall give rise to Promoter’s right to execute any and all such documents as Participant’s attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.

Release

Subject to applicable law, by entering into a Contest and potentially receiving a Prize, each Participant and winner agrees to release, discharge, and hold harmless Promoter, along with Promoter’s employees, officers, directors, affiliates, partners, agents and assigns, from and against any claim, cause of action, demand, or proceeding (each, a “Claim”), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”), relating to or arising directly or indirectly out of his or her participation in a Contest (or related activity such as a press release), and/or Promoter’s right to exploit Participant’s name and/or likeness or fully exploit any other right granted to it hereunder, and/or from Participant’s receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to a Participant’s computer system from downloading or using material from Promoter’s (or an affiliate of Promoter’s) website).

Limitation of Liability

IN NO EVENT WILL PROMOTER, AND/OR PROMOTER’S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH PROMOTER, THE “PROMOTER PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT’S PARTICIPATION IN THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY PROMOTER PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. PROMOTER PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: ANY PARTICIPANT’S PARTICIPATION IN THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Use of Collected Materials and Information

Promoter will be collecting, storing, and exploiting personal data about Participants to administer Contests and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By entering into any of Promoter’s Contests, Participants agree to Promoter’s collection and use of their personal information. Promoter will not disclose any Participant’s personal information to any non-affiliated third party. For more information on Promoter’s handling of personal information, see Promoter’s Privacy Policy, a copy of which can be found at the following link: https://inglotusa.com/content/11-privacy-policy.

Dispute Resolution

The parties hereto acknowledge and agree as follows: (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties shall be resolved solely on an individual basis (i.e., class actions suits are hereby waived by the parties), and exclusively by the state or federal courts situated in Wilmington, New Castle; (2) that the laws of the state of Delaware shall govern, without regard to its conflict of laws principles; and (3) that the parties hereto waive any right to a trial by jury.

PROMOTER:

INGLOT USA LLC
14563 226th Street
Springfields Gardens, NY 11413

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