MAC LOVER REWARDS HOLIDAY GIVEAWAY

OFFICIAL RULES (the “Official Rules”)

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE GIVEAWAY. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.

THESE OFFICIAL RULES CONTAIN A RELEASE OF LIABILITY IN SECTION 7(a) AND VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTION 7(d) and SECTION 7(e).

  1. ENTRY PERIOD. This MAC Lover Rewards Holiday Giveaway (this “Giveaway”) is sponsored by Make-up Art Cosmetics, Inc. (“MAC” or “Sponsor”). The Giveaway entry period begins on November 1st, 2024 at 9 AM Eastern Time (ET) and ends on November 15th, 2024 at 11:59 PM ET (the “Entry Period”). The Sponsor’s computer is the Giveaway’s official clock. This Giveaway is governed by and shall be subject to these Official Rules.  By entering the Giveaway, all participants agree to be bound by the terms and conditions herein, all applicable laws in connection with his or her participation in the Giveaway, and by the decisions of Sponsor, which shall be final and binding on all matters pertaining to this Giveaway. Certain restrictions may apply. Entry in this Giveaway does not constitute entry into any other promotion, contest, or Giveaway.
  2. SITE POLICIES. Participation in the Giveaway is also governed by the terms and policies pertaining to the Sponsor’s website: maccosmetics.com (the “Sponsor Site”). The collection, use, and disclosure of information obtained online from entrants in the Giveaway is governed by Sponsor's Privacy Policy, which may be viewed at https://www.maccosmetics.com/privacy-policy (such privacy policy and the Sponsor Site terms and policies are referred to in these Official Rules as the “Policies”). In the event there is an inconsistency between the Policies or any Giveaway promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern with respect to any matter pertaining to the Giveaway.
  3. This Giveaway is open only to natural persons who, as of the time of entry, are:
    1. legal residents of the fifty (50) United States and the District of Columbia. Residents of Puerto Rico, U.S. Virgin Islands and Guam are not eligible;
    2. eighteen (18) years of age or older or the legal age of majority in the entrant’s state of residence if higher than age 18; and
    3. a member of the MAC Lover Loyalty Program as of October 31st, 2024 (“MAC Lover Program”).

The officers, directors, employees, contractors, and agents of the Sponsor and their respective affiliates, advertising and promotion agencies, and any other company or organization involved with the development, promotion, sponsorship, or operation of the Giveaway (collectively “Promotion Entities”), and the immediate families and those living in the same household of any of the above (whether or not related), are not eligible. All federal, state and local laws, rules and regulations apply to this Giveaway. Void where prohibited or restricted by law.

  1. HOW TO ENTER.
    1. No purchase or payment is necessary to enter the Giveaway and a purchase or payment does not increase or improve the chances of winning. During the Entry Period, an eligible individual may enter the Giveaway by submitting an online entry form on the Sponsor Site. A complete entry form may include, in addition to any other information required by the entry form, the following information:
      1. The entrant’s full name and email address;
      2. The entrant’s jurisdiction of residence; and
  • The entrant’s age at time of submission.
  1. Entrants must be a member of the MAC Lover Program by October 31, 2024 to be eligible to enter the Giveaway. Individuals may enroll in the MAC Lover Program through one of the following options: (i) visit https://www.maccosmetics.com/mac-lover and follow the prompts to register for the MAC Lover Program; or (ii) visit any participating MAC store locations in the U.S. and register for the MAC Lover Program with a sales associate.
  2. There is a limit of one (1) entry per person during the Entry Period. Entrants are prohibited from using multiple identities to enter the Giveaway more than once. If it is found or suspected that an entrant is using multiple identities to participate in the Giveaway, then that entrant, in Sponsor’s sole and absolute discretion, may be disqualified.
  3. In the event of a dispute as to an entrant’s entry, the natural person who is the authorized account holder of the entrant’s membership in the MAC Lover Program will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Giveaway. The “authorized account holder” is the natural person assigned to the membership account. Each potential Winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the winning entrant may be deemed ineligible.
  4. All entries must be received by the end of the Entry Period. All entries become the property of the Sponsor and will not be acknowledged or returned. Proof of transmission of an entry does not constitute proof that it was received. Incomplete, unreadable, late, or unintelligible entries are void and will be disqualified. False, fraudulent or deceptive entries or acts shall render entrants ineligible.
  1. SPONSOR: The Sponsor of the Giveaway is Make-up Art Cosmetics Inc., One Soho Square, 233 Spring Street West, New York, NY 10013. For questions about the Giveaway, please contact the Sponsor at macservice@maccosmetics.com and include the name of this Giveaway in the subject line.
  2. PRIZE(S).
    1. Subject to the terms and conditions of these Official Rules, eight (8) winners (each a “Winner”) will be selected by random drawing on or around November 20th, 2024. At Sponsor’s sole discretion, three (3) of the Winners will receive a MAC Holiday Advent Calendar (valued at $225.00 USD) and five (5) of the Winners will receive a Golden Girls Mini Lustreglass Lipstick Vault x 12 (valued at $99.00 USD). The approximate retail value of all prizes is one thousand one hundred and seventy dollars ($1170.00 USD).
    2. The odds of winning a prize are determined by the total number of eligible entries received. All prizes are awarded "as is" with no guarantee, either express or implied. If by reason of a printing, typographical, administrative or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. Sponsor will not be required to award more than the advertised number of prizes.
  3. WINNER SELECTION.
    1. Eight (8) Winners will be selected by random drawing on or about November 20th, 2024 and will be notified via email within seven (7) day(s) of this date (a “Prize Notification”). Each potential Winner will have five (5) days to respond in writing to the Prize Notification once it has been sent to the potential Winner, including providing any requisite information to accept their prizes. Each Winner may be required to execute and return required notarized Affidavit of Eligibility/ Release of Liability within 30 days of notification. Sponsor shall have no liability for any Prize Notification that is lost, intercepted, or not received by a potential Winner for any reason. In order to claim a prize, each potential Winner may be required to verify for Sponsor his or her permanent address and social security or taxpayer identification number, for purposes of compliance with tax regulations.
    2. Failure to respond to Prize Notifications, return all required forms within 30 days or comply with any other provision of these Official Rules may result in the Winner being disqualified and an alternate Winner selected. If a Prize Notification or a prize is returned as undeliverable for any reason, an alternate Winner may be selected by random draw from all remaining eligible entries at Sponsor’s discretion. Sponsor may successively attempt to contact up to five (5) potential Winners from each Entry Location in accordance with such procedure, and if there is still no confirmed Winner of a prize after such attempts have been made, Sponsor may announce an alternate means for awarding that prize. All expenses incurred in association with acceptance or use of any prize or prize component that are not specifically provided for herein are solely the responsibility of the applicable Winner. Prizes are not transferable, assignable, or redeemable for cash. All of Sponsor’s decisions are final. Sponsor reserves the right to substitute the prize with a prize of equal or greater value in its sole discretion. Any difference between the actual value of any prize and the approximate retail value set forth in these Official Rules may not be claimed and will not be awarded. The value of each prize may be taxable to each Winner as income. All federal, state and local tax liabilities related to receiving the prize are the responsibility of the Winners.
    1. Release. By entering the Giveaway, each entrant releases, holds harmless, and waives all claims against the Promotion Entities for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorney's fees) that may occur, directly or indirectly, in whole or in part, from: (i) acceptance, receipt, use, or misuse of any prize or parts thereof; (ii) participation in this Giveaway; (iii) any breach or other violation by such entrant of these Official Rules, the Privacy Policy, or applicable laws; or (iv) any use of an entrant’s personal information and entries as permitted under these Official Rules.
    2. Termination or Cancellation. If for any reason, this Giveaway is not capable of running as planned, or if this Giveaway or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Giveaway and processing of entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Giveaway, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Giveaway or any portion thereof. In the event this Giveaway is cancelled, the Sponsor reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect online entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be emailed to MAC Lover Program members and will be posted on the Sponsor Site.
    3. Remedies. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of this Giveaway is a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
    4. Limitation of Responsibilities for the Promotion Entities. The Promotion Entities and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents are not responsible for:
      1. any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to entrant's or any other person's computer relating to or resulting from participation in the Giveaway;
      2. theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site (including the Sponsor Site) or for any other reason whatsoever;
  • printing or other errors; or any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof;
  1. the acceptance, receipt, possession and/or use or misuse of any prize (or any portion of any prize);
  2. any use of an entrant’s personal information and entries as permitted under these Official Rules; or
  3. any other events beyond Sponsor’s reasonable control.
  • The foregoing release does not include claims, injuries, damages, liabilities, costs, expenses, or losses related to personal injury, death, or damage to or loss of property of an entrant to the extent that such claims or losses occur, directly or indirectly, in whole or in part, from the negligence of one or more of the Promotion Entities.
    1. Limitation of Liability. NO SPONSOR OR ANY OTHER PROMOTION ENTITY, SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE GIVEAWAY, ANY PRIZE, OR THESE OFFICIAL RULES, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH PROMOTION ENTITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. ALL PRIZES ARE GIVEN AWAY “AS IS.”  THE PROMOTION ENTITIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARD TO THE GIVEAWAY OR ANY PRIZE.
    2. Governing Law; Dispute Resolution. All disputes concerning the Giveaway, the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of each entrant and any Promotion Entity in connection with these Official Rules or the Giveaway shall be governed by, and construed in accordance with, the laws of the State of New York and applicable United States federal law, without giving effect to any choice of law or conflict of law rules that would cause the application of the Laws of any other jurisdiction. By entering the Giveaway, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Giveaway, or any prizes awarded, will be resolved individually, without resorting to any form of class action, and solely and exclusively in a federal or state court located in New York, New York; entrant submits to sole and exclusive personal jurisdiction and venue of said courts for any such dispute and irrevocably waives any and all rights to object to such courts on any basis, including improper venue and inconvenience of the forum; and (ii) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorneys' fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and by entering each entrant waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased, and any other damages, other than for actual out-of-pocket expenses. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
    3. Use of Personal Information. Any entry information (including personal data) collected from the Giveaway shall be used in a manner consistent with the consent given by entrants at the time of the entry, with these Official Rules and with the Sponsor’s Privacy Policy, which may be viewed at https://www.maccosmetics.com/privacy-policy. In the event there is an inconsistency between the Sponsor’s Privacy Policy or any Giveaway promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern with respect to any matter pertaining to the Giveaway. All personal information collected from the Giveaway (including without limitation, an entrant’s name, biographical data, and city and state/province of residence) may be used for the administration of the Giveaway. Except to the extent prohibited by applicable laws, each Winner grants to Sponsor and each of its respective designees the right to publicize such Winner's name and address (city and state/province of residence), photo (if provided), and prize information in connection with the Giveaway, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission. If an entrant objects to the publication or making available of their name, address (city and state/territory of residence), photo (if provided), and prize information, the entrant must contact the Sponsor at macservice@maccosmetics.com. In such circumstances, the Sponsor may still provide the information and winning entry to third parties (e.g. regulators) where required by applicable Law, such as for tax reporting purposes or to show that a valid award took place.
  1. WINNERS LIST/OFFICIAL RULES. To obtain written notice of the Winners for the Giveaway, send a self-addressed stamped envelope (Vermont residents may omit the return postage) to Make-up Art Cosmetics Inc.; One Soho Square, 233 Spring Street West, New York, NY 10013 or send an email to the Sponsor at macservice@maccosmetics.com. All such requests must refer to the Giveaway and be received no later than six (6) months after the end of the Entry Period.