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Crumbl® | Kylie Cosmetics Giveaway

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. MANY MAY ENTER; ONLY FIVE ELIGIBLE ENTRANTS WILL WIN.

BY PARTICIPATING IN THE SWEEPSTAKES, OR ATTEMPTING TO ENTER THE SWEEPSTAKES, YOU UNCONDITIONALLY ACCEPT AND AGREE TO COMPLY WITH, AND ABIDE BY, THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING.

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED WITH META, INC. (INSTAGRAM). BY ENTERING THE SWEEPSTAKES, OR ATTEMPTING TO ENTER THE SWEEPSTAKES, EACH ENTRANT HEREBY FULLY AND IRREVOCABLY RELEASES AND WAIVES ANY AND ALL POTENTIAL CLAIMS, KNOWN OR UNKNOWN, AGAINST INSTAGRAM RELATED TO THE SWEEPSTAKES.

1. Sweepstakes Entry Period

Crumbl® | Kylie Cosmetics Giveaway (the “Sweepstakes”) begins at approximately 1:45pm MT on July 24, 2024, and ends at 11:59pm MT on July 27, 2024 (“Sweepstakes Entry Period”). At approximately 1:45pm MT on July 24, 2024, Sponsor will post the Sweepstakes announcement via the Sponsor’s Instagram account (@crumblcookies) (the “Sweepstakes Announcement”). As soon as the Sponsor posts the Sweepstakes Announcement on Instagram, eligible entrants may participate in the Sweepstakes as provided herein. Prize Winners will be selected at the end of the Sweepstakes Entry Period in accordance with Section 5 below and announced on July 29, 2024.

 

2. Eligibility

To be considered an eligible entrant and receive a Prize, entrants must, at the time of entry, meet all of the following requirements: (i) be a legal resident of one of the fifty (50) United States or the District of Columbia, or one of the Canadian provinces of Ontario, Alberta, or Saskatchewan (the “Territory”); (ii) be 18 years of age or older and the age of majority in the entrant’s jurisdiction as of the date and time of participation; (iii) be a registered user of Instagram; (iv) be a follower of Sponsor’s Instagram account (@crumblcookies); and (v) be a follower of Kylie Cosmetics Instagram account @kyliecosmetics (“Entrant”).

Employees, officers, directors and agents of Crumbl Franchising, LLC (“Crumbl” or “Sponsor”), any other company involved in the presentation, administration or fulfillment of the Sweepstakes, including Sponsor, Coty Inc., Kylie Jenner, King Kylie, LLC dba Kylie Cosmetics (“Kylie Cosmetics”), Full Picture, Overnight Studio LLC, and Kardashian Jenner Brands, and their respective affiliated companies, and divisions and each of their immediate family members (defined as spouse, IRS dependent or biological, foster, in-law, adoptive or step-mother, father, sister, brother, daughter, or son, and their respective spouses) of, or anyone who resides in the same household as, any person in any of the preceding categories (whether or not related) are not eligible for the Sweepstakes. Void outside of the Territory and where otherwise prohibited or restricted by law. All applicable federal, state, and local laws apply.

If you have a disability, otherwise qualify as an entrant as set forth herein, and you need assistance with participating in the Sweepstakes and/or with redeeming a prize, contact: marketing@crumbl.com.

3. Sponsor

The Sweepstakes is sponsored by Crumbl Franchising, LLC, a Utah limited liability company (the "Sponsor"), whose headquarters are located at 2570 W 600 N, #200, Lindon, UT 84042.

4. How to Enter the Sweepstakes

To receive an entry in the Sweepstakes, an Entrant must complete the following steps:

  1. Follow Sponsor’s Instagram account @crumblcookies;

  2. Follow Kylie Cosmetics’ Instagram account @kyliecosmetics;

  3. “Share” the Sponsor’s Sweepstake’s Announcement as a “Story” on Entrant’s Instagram account;

  4. “Tag” three (3) of Entrant’s friends in the “Comments” of Sponsor’s Sweepstake’s Announcement;

 

To enter the Sweepstakes, an Entrant must have an Instagram account. If you do not have an Instagram account you may create one for free by visiting www.instagram.com. By submitting your information and creating an account, you agree to the terms of use and privacy policy of Instagram. If you do not agree to such terms of use and privacy policy, you cannot create an account or participate in this Sweepstakes.

Entrants must also follow the Sponsor’s Instagram account @crumblcookies. To follow Sponsor’s Instagram account, an individual can go to @crumblcookies via the Instagram App and click “Follow,” or an individual can go to http://www.instagram.com/crumblcookies and click “Follow.”

Entrants must also follow the Kylie Cosmetics’ Instagram account @kyliecosmetics. To follow Kylie Cosmetics’ Instagram account, an individual can go to @kyliecosmetics via the Instagram App and click “Follow,” or an individual can go to https://www.instagram.com/kyliecosmetics/ and click “Follow.”

Limit one (1) entry per unique Instagram account and per person per Sweepstakes. Entries generated by script, macro or other automated means are void, as are entries that are illegible, garbled, incomplete or that contain errors. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. All entries become the property of the Sponsor. No other entry method will be accepted.

NOTE ABOUT MOBILE DATA AND MESSAGING CHARGES: When you participate in the Sweepstakes via mobile device and/or download or transmit data via your mobile device, data and messaging rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on rate plans and charges relating to your participation in the Sweepstakes. Check your mobile device’s capabilities for specific instructions.

5. Selection of Winners

On or about July 29, 2024 five (5) winners will be selected from amongst all Entrants with a valid entry received for the entire Sweepstakes Entry Period in a random prize drawing (“Winners”). The Sponsor will conduct five (5) drawings, which will be conducted randomly with the use of random selector software.

Proof of transmission is not proof of receipt. Sponsor’s computer is the official time-keeping device for the Sweepstakes and determines the order of receipt of entries. All decisions of the Sponsor are final and binding with respect to all matters related to the Sweepstakes. Entrants are limited to one (1) entry per person during the Sweepstakes Entry Period.

For Canadian residents only: Before being declared a winner, a selected Entrant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill testing question by completing a one-question survey, to be administered by Sponsor during a pre-arranged telephone call or by e-mail, to be determined in the discretion of Sponsor.

6. Notification of Winners

The potential Winners will be asked for an eligible email address via Direct Message on Instagram (the Direct Message will be delivered to the potential Winners via Sponsor’s Instagram account) and will then be notified by email and may be required to execute and return an Affidavit of Eligibility/Release of Liability/Publicity (where legal) form within seven (7) days of date of attempted notification. Among the information collected by the Sponsor from the Winners will include, but is not limited to, a valid mailing address for the Prize, or any physical portions thereof, to be delivered. Noncompliance within this time period, with these Official Rules or the return of any prize/prize notification may result in disqualification, and, at Sponsor’s discretion, an alternate potential winner may be selected by Sponsor. Any winner later determined to be ineligible may be required to return his/her prize. Any taxes on prize are the responsibility of the Winners.

Except where prohibited by law, a Winner's acceptance of a prize constitutes permission for the Promotion Entities to use Winner's name, photograph, Instagram handle, likeness, statements, biographical information, voice, and likeness worldwide and in all forms of media, in perpetuity, without further compensation. The Prize will be delivered to each of the Winners via certified mail. Entrants agree to use of their names and likeness for advertising and publicity purposes without additional compensation, unless prohibited by law.

 

7. Prize and Odds

The following list of items constitutes the prize (“Prize”) for purposes of this Sweepstakes. There will be five (5) Winners awarded a Prize. The Prize is non-transferable, may not be substituted or redeemed for cash by any of the Winners, and may not be resold by any of the Winners. Sponsor reserves the right to substitute or modify the Prize for one of comparable or greater value. Actual retail value of the Prize may vary. All amounts are expressed in United State Dollars. Total ARV of the Prize to be given to each of the five (5) Winners is $448, for a combined ARV total of $2,240. The Prize is comprised of the following:

  1. One (1) $100 Gift Card to Kylie Cosmetics (ARV: $100)

  2. One (1) $100 Gift Card to Crumbl (ARV: $100)

  3. One (1) Kylie Cosmetics PR Box containing the following items:

    1. Five (5) shades of Kylie Cosmetics Skin Tint Blurring Elixir (ARV: $160)

    2. One (1) Kylie Cosmetics Skin Tint Brush (ARV: $28)

    3. One (1) Kylie Cosmetics accessory box (ARV: $60)

 

All Prize details are at the sole discretion of the Sponsor. Odds of winning depend on number and timing of entries received in each Sweepstakes. Five Winners will be awarded a Prize.

8. General Rules / Limitation of Liability

By participating in the Sweepstakes, Entrant agrees to be bound by these Official Rules and the decisions of Sponsor which shall be final in all respects. Acceptance of prize constitutes permission to the Sponsor and its designees to use each winner's name, city, state/province, likeness, voice, biographical information and statements for purposes of advertising, promotion and publicity in any and all media, now or hereafter known, throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law. By participating, Entrant (i) agrees to release and hold Sponsor, Coty Inc, Kylie Jenner, Kylie Cosmetics, King Kylie, LLC, Full Picture, Overnight Studio LLC, and Kardashian Jenner Brands (along with the Sponsor hereinafter referred to as “Sweepstakes Entities”), and each of their respective parent, affiliates, subsidiaries, and advertising and promotion agencies, and each of their respective directors, officers, employees and assigns (collectively, the "Released Parties"), harmless against any and all claims and liability arising in whole or in part, directly or indirectly, out of participation in the Sweepstakes or misuse, nonuse or use of any prize; (ii) waives all rights to claim punitive, incidental and consequential damages, attorneys' fees or any damages other than actual out-of-pocket costs incurred to enter; and (iii) agrees to be bound by these Official Rules. Entrant agrees that Released Parties are not responsible for incomplete, lost, late, damaged, inaccurate, illegible, misdirected, garbled, delayed or undelivered entries or referrals; or for technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit an individual's ability to participate. Sponsor reserves the right in its sole discretion, to cancel, suspend or modify the Sweepstakes, or to disqualify any implicated entrant(s), (and their entries) if any fraud, virus, actions by entrants, technical or other error or problem, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor reserves the right, at its sole discretion, to award the prize in a random drawing from among all eligible, non-suspect Entries received up to the time of the event or action warranting such cancellation. In the event the Sweepstakes is cancelled prior to the stated end date, a notice will be posted at https://www.instagram.com/crumblcookies. Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law if any attempt by an entrant is made to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes. In the event a dispute arises regarding a specific individual entitled to receive a prize, entries will be declared made by the authorized account holder of the Instagram account submitted at the time of entry and any damage made to the web site will also be the responsibility of the authorized account holder. "Authorized account holder" is defined as the person who is assigned to an Instagram account name by Instagram. Released Parties are not responsible for any technical, mechanical, printing, typographical, human or other error relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 TEN DOLLARS ($10.00)) AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

Without limiting any other provision in these Official Rules, the Sweepstakes Entities are not responsible or liable to any Entrant or Winner (or any person claiming through such Entrant or Winner) for failure to supply the Prize or any part thereof in the event that any of the Sweepstakes activities or Sweepstakes Entities’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Sweepstakes Entity (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above, including without limitation in the event that the applicable concert date is rescheduled or cancelled.

EACH PARTICIPANT 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 AGAINST THE SWEEPSTAKES ENTITIES.  SECTION 1542 READS AS FOLLOWS: “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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.”

9. No Warranties

Sponsor makes no warranties covering any of the Prize furnished as part of this Sweepstakes. The Prize, and all materials furnished as part of or in connection with this Sweepstakes are provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose.

10. Choice of Law

This Sweepstakes and the rights and obligations of the Sponsor and participants will be governed by and controlled by the laws of the State of Utah, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings, or litigation relating hereto will be instituted and prosecuted solely within the State of Utah, County of Salt Lake. The parties consent to the jurisdiction of the state courts of Utah and federal court located with such state and county with respect to any action, dispute, or other matter pertaining to or arising out of this Sweepstakes.

 

11. Privacy Policy

Any personal information supplied by you will be subject to the privacy policy of the Sponsor posted here. By entering the Sweepstakes, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Sweepstakes Entities for the purpose of administration and prize fulfillment, including use in a publicly available Winner list.

12. Severability

If any term or provision of these Official Rules is found under the law to be invalid or unenforceable, then such specific term or provision shall be of no force and effect and shall be severed and the remainder of these Official Rules shall continue in full force and effect.

13. Winner Identification

Identification of the Winners (via Winners’ Instagram handle) will be posted via an Instagram Story on Sponsor’s Instagram page when available.

List of Winners. To obtain the name of the winners, send a self-addressed, stamped envelope by August 19, 2024, to Attn: PR Department, Crumbl Franchising, LLC, 2570 W 600 N #200, Lindon, UT 84042.

This Sweepstakes is being offered as part of Crumbl’s partnership with Kylie Cosmetics. Neither Coty, Inc., Kylie Jenner, Kylie Cosmetics, King Kylie, LLC, Full Picture, Overnight Studio LLC, and Kardashian Jenner Brands, nor their affiliates guarantee or provide any third-party product, service, information, or recommendation offered by Crumbl®.

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