THE TERMS AND CONDITIONS BELOW WERE UPDATED ON 10/1/18 at 11:45PM EST TO CORRECT A CLERICAL ERROR IN THE SECTION ENTITLED "HOW TO CLAIM A FREE GIFT."
FREE GIFT OFFER TERMS AND CONDITIONS
No purchase necessary. See details below.
ELIGIBILITY: This free gift offer (the "Promotion") is open to those who are eighteen (18) years of age or older at the time of participation and are legal residents of the United States. By participating in the Promotion as described in these terms and conditions (the "Promotion Terms"), each participant represents and warrants that he or she is eighteen years of age at the time of participation, and otherwise fully agrees to and will complying with these Promotion Terms (including, without limitation, all eligibility requirements).
HOW TO CLAIM A FREE GIFT: To claim a Beauty by POPSUGAR Be Bright Shimmer Highlighter, with an estimated retail value of $32.00 ("Product"), in connection with the Promotion, during the Promotion Period (as defined below): (a) go to https://musthave.popsugar.com/and purchase a new Must Have annual or quarterly subscription, and the Product will be shipped in the first Must Have box of the new subscription; or (b) you may claim a Product without making a purchase by mailing your name and address to: POPSUGAR Inc., 111 Sutter Street, 16th Floor, San Francisco, California 94104, Attn: Beauty by POPSUGAR Free Gift Promotion. Mailed entries must be postmarked no later than October 4, 2018 and received no later than October 7, 2018. Products are given out on a first come, first served basis while supplies last. The Promotion period will begin on October 1, 2018 at 2:00pm EST and continue until October 4, 2018 at 11:59pm EST (the "Promotion Period"). POPSUGAR Inc. ("POPSUGAR") is not responsible for any inability to access the Promotion or claim a Product due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems.
RESTRICTIONS AND AVAILABILITY: Products are not for resale and will not be replaced if lost or stolen.
OTHER RULES: This Promotion is subject to all applicable laws and is void where prohibited. Each participant of this Promotion (each a "Participant") assumes all liability for any injuries or damage caused or claimed to be caused by participation in this Promotion or by the use or misuse of the Product.
If, in the POPSUGAR's opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Promotion, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Promotion, the POPSUGAR reserves the right to terminate the Promotion and distribute the Products in its sole discretion. Any attempt to deliberately damage the POPSUGAR website(s) or undermine the legitimate operation of the Promotion may be in violation of U.S. criminal and civil laws and will result in disqualification from the Promotion. Should such an attempt be made, the POPSUGAR reserves the right to seek remedies and damages (including attorney's fees) to the fullest extent of the law, including pursuing criminal prosecution.
DISCLAIMER: PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT FURTHER WARRANTY OF ANY KIND. POPSUGAR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS.
LIMITATION OF LIABILITY: BY PARTICIPATING IN THE PROMOTION, PARTICIPANTS, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ASSIGNS AND REPRESENTATIVES, RELEASE AND HOLD POPSUGAR, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, UNITS AND DIVISIONS, AND THE CURRENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, AND ALL THOSE ACTING UNDER THE AUTHORITY FO THE FOREGOING, OR ANY OF THEM (INCLUDING, BUT NOT LIMITED TO, ADVERTISING AND PROMOTIONAL AGENCIES AND PRODUCT SUPPLIERS) (EACH A "RELEASED PARTY"), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURY, LOSS, DAMAGES, LIABILTIES AND OBLIGATIONS OF ANY KIND WHATSOEVER (COLLECTIVELY, THE "CLAIMS") WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH PARTICIPANT EVER HAD, NOW HAVE, OR HEREAFTER CAN, SHALL OR MAY HAVE, AGAINST THE RELEASED PARTIES (OR ANY OF THEM), INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO THE PROMOTION OR PARTICIPANT'S PARTICIPATION IN THE PROMOTION (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE RECEIPT, OWNERSHIP, USE, MISUSE, TRANSFER, SALE OR OTHER DISPOSITION OF THE PRODUCTS. All matters relating to the interpretation and application of these Terms and Conditions shall be decided by POPSUGAR in its sole discretion.
DISPUTES: As a condition of participating in the Promotion, participants agree that any and all disputes that cannot be resolved between Participant and POPSUGAR, and causes of action arising out of or connected with the Promotion or these Terms and Conditions, shall be resolved individually, without resort to any form of class action, exclusively before a court of competent jurisdiction located in the City of San Francisco in the State of California, and Participant irrevocably consents to the jurisdiction of the federal and state courts located in the City of San Francisco in the State of California with respect to any such dispute, cause of action, or other matter. All disputes will be governed and controlled by the laws of the State of California (without regard for its conflicts-of-laws principles). Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby irrevocably waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses (i.e., costs incurred directly in connection with Participant's participation in the Promotion), and Participant further irrevocably waives all rights to have damages multiplied or increased, if any. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY. All federal, state, and local laws and regulations apply.
BY PARTICIPATING, YOU AGREE THAT YOU HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS.