Drawing for Gift Cards
ARTICLE 1 June 2019 Survey and Drawing
1.1 CEW’s June 2019 Survey and drawing (the Survey) is aimed at learning more about our members and the beauty industry at large’s interests with regarding to CEW, the beauty industry, and beauty products.
1.2 The organization of this Survey is handled by CEW, Inc., 159 W. 25th Street, New York, NY 10001, a 501(c)(3) not for profit entity (the Sponsor) which reserves the right to rule on any issue pertaining the Survey and not covered by the Survey regulations below. Sponsor uses Boston Consulting Group (BCG) to administer the Survey on its behalf.
1.3 The Survey is being distributed to our members and others who have opted in to receive this Survey. All respondents (Entrants) must be (i) a legal resident of the United States, (ii) eighteen (18) years of age or older as of June 6, 2019, except: (x) any State(s) requiring the issuance of a bond or any other debt instrument(s) and/or guarantee(s); and (y) any other State(s) where the Survey is prohibited by law, including the State of Rhode Island. ONLY ONE SURVEY SUBMISSION PER ENTRANT WILL BE ACCEPTED FOR PURPOSES OF DRAWING THE WINNERS.
1.4 The Survey offers prospective respondents the opportunity to be selected randomly to receive a $450 Amazon gift card (each a “Gift Card”).
1.5 The Survey will be circulated on June 7, 2019 at 2pm Eastern Time, and responses will be accepted by Sponsor until June 21, 2019 at 6pm Eastern Time (the Survey Period). In order to participate in the Survey, and to be eligible for the Gift Card drawing, a fully completed Survey must be received electronically (by email only) from you by CEW at the conclusion of the Survey Period – NO EXCEPTIONS.
1.7 Sponsor is not responsible for late, incomplete, void, garbled, or otherwise unintelligible submissions. Such entries are void and will not be accepted, and entrant will not be eligible to win. Sponsor reserves the right to disqualify false entries or entries suspected of being false.
1.8 Any information and data acquired during the Survey shall be property of the Sponsor (as defined under Article 1, Section 1.2) and will not be returned. Sponsor reserves the right to use such information for administration of the Survey, to publicize the winners of the Gift Cards, in accordance with these Rules, and to use the Survey responses for its research and other purposes serving the Sponsor’s needs to better serve and understand its membership and the beauty industry.
ARTICLE 2 THE SURVEY. ODDS OF WINNING
2.1 The selection of the winning, eligible Survey submissions as per the provisions below will take place on June 28, 2019 at 11:00 am Eastern Time.
2.2 Eligible Survey submissions will then be used to randomly select the winning submissions received prior to the end of the Survey Period. The odds of winning will be determined based on the number of eligible submissions. If 45 complete surveys, and the persons submitting are eligible, as herein prescribed, the odds of being selected are 1:1. If 4500 eligible submissions are received, then the odds of being selected are 100:1, and so forth.
2.3 Ten (10) winners will be drawn at random by an excel formula. Selected winners will be awarded their Gift Card by email, provided that the selected submissions include the person’s name and email address, as required by the Survey. If a selected entrant cannot be contacted within 2 days, then an alternate winner will be selected randomly from eligible submissions. Only a total of ten (10) Gift Cards will be awarded.
ARTICLE 3 GIFT CARDS
3.1. Ten (10) eligible, qualify survey respondents will be randomly selected from all eligible Survey submissions and each winner will be awarded a prize of a $450 Gift Card (a total of ten (10) prizes will be awarded, one to each winner).
3.2 Prizes consist of only the items specifically listed by the Sponsor as part of the prize. No transfer/assignment or substitution of prize by winners is permitted. Prizes will be selected in the sole discretion of the Sponsor.
3.3 The prize is non-negotiable and must be redeemed during the time period as set forth on the prize, where applicable. Any prize that is not redeemed within the time period specified will be forfeited. No compensation will be given for any portion of the unused prize. There will be no substitutions for any prize won, except at Sponsor’s sole discretion. If such substitutions are made, the substituted prize will be of equal value as determined by Sponsor.
3.3 Winners are the sole responsible parties who are required to comply with federal, state and local taxes in reference to the prize awarded. The Sponsor shall not be responsible for the payment of taxes related and/or connected to the prizes.
3.4 The winners will be informed at the end of the Survey Period. Each Winner is requested to formally accept the win into writing.
3.5 Without limiting the foregoing, each Survey respondent expressly authorizes Sponsor to publish and/or otherwise release and disclose the name of respondent if respondent is a winner. Any respondent who wins a Gift Card acknowledges and agrees that he/she may be asked to sign an affidavit of eligibility and/or a liability/publicity/copyright release, or otherwise forfeit his/her right to the prize. Such affidavits and releases shall be returned to Sponsor within 2 days of Sponsor notifying Entrant that he/she is a winner.
ARTICLE 4 SELECTION
4.1 The selection for the winning eligible Survey submissions will be done by a random excel formula. The selection of winners will be final.
ARTICLE 5 TERMS
5.1 No purchase necessary to enter. Only fully completed Surveys returned to CEW prior to the end of the Survey Period will be eligible for the random drawing of winners.
5.2 Prizes will be awarded at the end of the Survey Period to the ten eligible Survey respondents.
5.3 Employees of the Sponsor, or its affiliates, subsidiaries, advertising and promotion agencies, suppliers and immediate family members and/or those living in the same household, are not eligible to participate in the Survey.
5.4 By participating in the Survey, participants hereby agree to be bound by these OFFICIAL RULES.
5.5 Sponsor is not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the Survey, whether caused by computer, technical or human error.
5.6 Winners assume all liability and agree to hold Sponsor harmless for any injury or damage caused, or claimed to be caused, by participation in the Survey or use or redemption of any prize. Sponsor is not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, which may limit a user’s ability to participate in the Survey whether caused by computer, technical or human error.
5.7 Sponsor reserves the right to cancel or modify the promotion for any reason including, but not limited to, fraud, misconduct, technical failures or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the promotion as determined by Sponsor, in its sole discretion.
ARTICLE 6 PRIVACY AND CONSENT FOR RELEVANT DATA
6.1 Personal data of participants will be processed by Sponsor exclusively for the purposes of carrying out the Survey, and for CEW’s research as outlined above. Personal data will be gathered and processed by BCG on behalf of Sponsor. For the purposes of the Survey. Participants may request at any time to consult, modify and/or delete data or make an opposition to their processing for legitimate reasons by writing to the Sponsor at: [email protected] In the same way, participants have the right to request a list of such data processors.
6.2 Sponsor reserves the right to disqualify, freeze or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in the Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS SURVEY IS A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY LAW.
6.3 These Official Rules shall be construed in accordance with the laws of the State of New Jersey. Any dispute or controversy arising from these Official Rules and/or the Survey shall be taken and/or settled with the appropriate New Jersey State courts.
6.4 PARTICIPANTS HEREBY REPRESENT AND CONFIRM TO HAVE FULLY READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS OF THE OFFICIAL RULES.
6.5 For the name of the Survey Gift Card winners, please email [email protected] The winners’ name will be available on July 8, 2019.
6.6 Entrant represents and warrants that (i) he/she has the right to enter into these Official Rules, grant the rights provided in these Official Rules, is at least 18 years old, and satisfies all qualifications to be an “Entrant” and (ii) the information provided in each entry is complete and accurate.
6.7 EXCLUSION OF WARRANTIES. SPONSOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO AMAZON, OR THE POLICIES OF AMAZON. TO THE FULLEST EXTENT ALLOWED BY LAW, SPONSOR DISCLAIMS ANY WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED IN LAW OR IN FACT, ORAL OR IN WRITING REGARDING ANY PRIZE OR COMPONENT OF ANY PRIZE.
6.8 RELEASE. To the fullest extent permitted by law, Entrant does further hereby fully release Sponsor and any entity or individual associated or affiliated with the development, hosting or promotion of the Survey, or any of their affiliates, officers, directors, members, managers, successors, assigns and employees, from any and all rights, claims, losses, demands, actions and causes of action of any kind which Entrant have or may have arising out of or in any way related to the Survey, participation in the Survey, or the acceptance, use, possession or misuse of any prize or component of any prize awarded in connection with the Survey, or product purchased with the prize including without limitation, any loss, damages or injury, including disability, property damage or death, as well as claims based on publicity rights, defamation and/or invasion of privacy.
6.9 DISCLAIMERS; LIMITATION OF LIABILITY. IN NO EVENT SHALL SPONSOR, OR ANY ENTITY OR INDIVIDUAL ASSOCIATED OR AFFILIATED WITH THE DEVELOPMENT, HOSTING OR PROMOTION OF THE SURVEY, OR ANY OF THEIR AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SUCCESSORS, ASSIGNS OR EMPLOYEES BE LIABLE TO ANY ENTRANT OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATING TO THE SURVEY, THESE OFFICIAL RULES, PARTICIPATION IN THE SURVEY, ANY PRIZE OR PRIZE COMPONENT AWARDED IN CONNECTION WITH THE SURVEY, OR THE POSSESSION, USE OR MISUSE OF ANY PRIZE OR PRIZE COMPONENT AWARDED, WHETHER OR NOT ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPONSOR’S AGGREGATE LIABILITY UNDER ANY AND ALL LEGAL THEORIES UNDER THIS AGREEMENT EXCEED TEN U.S. DOLLARS ($10.00).