Website Terms and Conditions And Contest Official Rules
Contest Official Rules
This Contest is not sponsored, endorsed or administered by Instagram, TikTok or Twitter, nor is Instagram, TikTok or Twitter associated with this Contest in any way. By entering, you acknowledge that Instagram, TikTok or Twitter bear no responsibility for this Contest, and you release Instagram, TikTok and Twitter from any liability whatsoever in connection with this Contest. You understand that you are providing information to the Sponsor and not to Instagram, TikTok or Twitter. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor, and not to Instagram, TikTok or Twitter.
The Contest starts at 12:00 AM on October 19, 2021, and ends on November 2, 2021, at 11:59 PM (EST - Eastern Standard Time) (the “Entry Period'). The Contest shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein. Certain restrictions may apply.
To enter the #MetaOptimist contest (“Contest”), Entrant will post on their Instagram, TikTok, or Twitter page, (each, an “Entry Site”), a photo and caption, video or video and caption responding to the prompt “How do you bring hope and optimism to the people around you, and who brings a smile to your face?”. The hashtags #MetaOptimist, #Clinique and #Contest must be included as part of the post. Videos must be under 1 minute in length. Only public social accounts will be eligible. A limit of one (1) entry per person will be accepted during the Entry Period. All entries must be received by 11:59 PM EST on November 2, 2021.
Depending on the size of your entry, your connection, Internet traffic and other circumstances, your entry upload time may take several minutes to complete.
By entering the Contest, you acknowledge and consent that your entry may be posted on the Sponsor’s website(s) or other social media pages and/or on certain third-party websites, in Sponsor’s sole discretion. Sponsor has no obligation to use or post any photo or video you submit. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose. Entries that are not in accordance with these Official Rules as stated herein or are not received during the Entry Period will be ineligible.
Entries cannot (a) be sexually explicit or suggestive, indecent, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any dangerous activity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group or use any obscenity; (d) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind other than Sponsor and its products, or contain any personal identification, such as license plate numbers, personal names (other than your name and the people who bring a smile to your face), e-mail addresses or street addresses; (e) contain copyrighted materials owned by others (including but not limited to music, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without written permission; (f) contain materials embodying the names, images, likenesses, photographs, or other indicia identifying any person, living or dead, without written permission; (g) depict, and cannot itself be in, violation of any law; or (h) defame, misrepresent or contain disparaging remarks about Sponsor, its affiliates, or any of its or their products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor associates.
By submitting an entry you warrant and represent that: (a) it is your original work; (b) it has not been previously published; (c) it has not received previous awards; (d) it does not violate, misappropriate or otherwise infringe upon the copyrights, trademarks, rights of privacy, rights of publicity or other intellectual property or other rights of any person or entity; (e) you have obtained written permission from any third party who appears in the entry or whose name, image, likeness, voice or other proprietary right is used in the entry, if any; and (f) publication of the entry via various media, including web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless the Promotion Entities from any claims arising from breach of these Official Rules. Any entrant whose entry includes photographs, likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide written legal releases for such use, including use by Sponsor of such entry as set forth herein, in a form satisfactory to Sponsor, upon request, prior to award of any prize.
For a photo in which a person is recognizable, you must secure a written model release from the subject or, in the case of a minor, the subject’s parent or guardian and provide it to Sponsor upon request. Photos that violate or infringe upon another person’s rights, including copyright, are not eligible.
Entry must be made by the entrant, only at the Entry Sites. Entries made by any other individual or any entity, and/or originating at any other Internet web site or email address, including, but not limited to, commercial contest subscription notifications and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of any device to automate the entry process is prohibited.
The sponsor of this Contest is Clinique Laboratories, LLC, 767 Fifth Avenue, New York, NY 10153 (the “Sponsor” or “Clinique”).
The Contest is open to legal residents of the 50 United States and the District of Columbia who: (a) are 18 years of age or older as of the date of entry (b) are registered for Clinique Smart Rewards on Clinique.com by the end of the Entry Period and (c) meet the eligibility requirements set forth herein. Sponsor, and the officers, directors, employees, freelancers, contractors, and agents of the Sponsor and its advertising and promotion agencies (collectively, the “Promotion Entities”), and individuals employed by retailers assigned to support the Clinique brand, and the immediate families and those living in the same household of any of the above, are not eligible. All federal, state and local rules and regulations apply. Void where prohibited or restricted by law.
Eligible entries will be judged by an expert panel of judges who will determine the top three (3) most inspiring entries based on the following criteria:
40% response to the question prompt
30% how the Entry fits with the brand spirit of Clinique
30% quality of the photo or video
Decisions of the judges are final and binding in all respects.
NFT PRIZE: One non-fungible token (“NFT”) representing a digital collectible (the “Digital Collectible”) will be issued to each winner subject to acceptance of the NFT terms and conditions described under Additional Terms of NFT Prizes below (collectively, the “NFT Prize”). The winner who most closely matches the judging criteria will receive NFT Prize 1 of 3. The second-place winner will receive NFT Prize 2 or 3. The third-place winner will receive NFT Prize 3 of 3.
PRODUCTS PRIZE: In addition, each winner will have the opportunity to receive an annual assortment of Clinique products for 10 years as follows:
Year 1 (2021): Assortment of Clinique products selected by Clinique (including Almost Lipstick in shade Black Honey) valued at USD $500, to be shipped to winner before 12/31/21.
Years 2 – 10 (2022 – 2030) The opportunity to place one order annually of a selection of Clinique products valued up to $500 (the order amount cannot exceed $500 limit). Winners are responsible for contacting Sponsor by December 1st each year to select products. Products are subject to availability. Gift sets and limited-edition products excluded. If the full $500 is not used in the annual order, remaining annual funds will be forfeited.
Clinique products are for winner’s personal use and cannot be sold to any third parties.
All prizes are awarded "as is" with no guarantee or warranties, of any kind, 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 in the prize category in question. No more than the advertised number of prizes will be awarded.
The product portion of the Prize will be shipped to the winners at the expense of the Sponsor. No substitutions or cash equivalents of the prizes will be permitted, except at the sole discretion of Sponsor. Sponsor reserves the right to substitute the prizes (or portions thereof) with prizes of comparable or greater value.
Three (3) winners will be selected on or about November 3, 2021. The winners will be notified via Instagram direct message or a comment on their Contest entry post on TikTok or Twitter. The notification will instruct the winner to direct message Clinique within 48 hours of the date received. Winner must respond to Clinique with the required information via the email address provided within the direct message within 48 hours of being notified of winning in order to claim the prize. If winner does not respond to the email address with the required information within 48 hours, the prize will be awarded to an alternate winner. Winners must be a Smart Rewards member prior to conclusion of the Entry Period. https://myelc.elcompanies.com/documents/preview/227735/benefits-guide-us-full-time-corporate-2021-
If potential winner was not a Smart Rewards member prior to conclusion of the Entry Period, their entry is deemed invalid, and the prize is awarded to an alternate winner. Failure to respond to notifications or comply with any other provision 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, the applicable prize will be awarded to an alternate winner. The products portion of the prize are not transferable, assignable, or redeemable for cash.
For the NFT Prize, the winner may participate in trades (exchanging the NFT Prize for one or more NFTs and/or Digital Collectibles from another user) or gifts (giving the NFT Prize to another user via a single-use URL) via the Sweet.io (“Sweet”) platform, which is administering the NFT portion of the Contest. If a winner transfers the NFT Prize to an external wallet, the winner may auction, sell, trade, gift, transfer, or otherwise dispose of (in each case, “Transfer”) the NFT Prize on a third-party platform other than the Sweet platform; provided, however, in no event may the winner Transfer any fractionalized interest in the Digital Collectible or in any NFT representing such Digital Collectible. Each entrant understands and agrees that it is the intent of Sponsor that each Digital Collectible and related NFT will constitute a unitary asset, all rights to which may be owned by only one consumer. In addition, the winner shall not Transfer the NFT Prize to any transferee that is (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; or is (ii) listed on any U.S. Government list of prohibited or restricted parties. Any Transfers of a NFT Prize will be subject to the Additional Terms of NFT Prizes (below) and the terms and conditions of any third-party platform enabling such Transfers. Further, under no circumstances shall Sponsor be liable for any additional fees imposed or required by the third-party platform through which you may Transfer the NFT Prize.
All decisions are final. All federal, state and local tax liabilities are the responsibility of the winners.
By participating in the Contest, entrants release and waive any claims they may have against Releasees for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorney's fees) resulting from acceptance, use, or misuse of any prize or parts thereof, or participation in this Contest.
If for any reason, this Contest is not capable of running as planned, or if this Contest or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Contest and processing of entries in accordance with these 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 Contest, 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 Contest or any portion thereof. In the event this Contest 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 posted at the Entry Site. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest 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. Where a dispute arises about who submitted an online entry, the entry will be deemed submitted by the name appearing on the entry.
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 (collectively with the Promotion Entities, the "Releases") are not responsible for: 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 participant's or any other person's computer relating to or resulting from participation in the Contest; inability to access the Entry Site; 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 Entry Site) or for any other reason whatsoever; printing or other errors; any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof.
By participating in the Contest, each entrant represents, warrants, covenants and agrees that (a) entrant is not located in, and entrant is not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Services (“Restricted Countries”), including, without limitation, Cuba, Iran, North Korea or Syria; and (b) entrant is not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) that appears on the U.S. Department of State’s Terrorist Exclusion List; (iii) that is subject to sanctions in any other country; or (iv) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles. You are not allowed to enter the Contest or win any prize if Sponsor identifies your IP address or address of residence as originating from any such country. Further, if you are chosen as a winner, Sponsor will not award you the prize if any of the foregoing representations and warranties are breached.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PROMOTION ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE PROMOTION ENTITIES BE LIABLE TO ANY CONTEST ENTRANT OR WINNER, OR ANY THIRD PARTY, FOR ANY PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO THIS CONTEST OR ANY NFT PRIZE. THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, AND EVEN IF A PROMOTION ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND, IN ANY EVENT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PROMOTION ENTITIES’ TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED $100
For an official list of winners, send an email to firstname.lastname@example.org with #MetaOptimist Contest in the subject line.
ADDITIONAL TERMS OF NFT PRIZES
NFTs, or non-fungible tokens, are intangible digital assets that exist only by virtue of the ownership record maintained in the applicable blockchain network. For this Contest, the Polygon network is being used (the “Polygon Network”). Please read below for additional information about the NFT Prizes awarded by Clinique through this Contest, including terms and conditions for use of the NFT Prizes. By accepting the NFT Prize, you hereby agree to these terms and conditions, which are incorporated into, and made a part of, the Contest Official Rules by this reference.
REDEEMING THE NFT
Your NFT Prize is redeemable through Sweet. To accept your NFT Prize, you will be required to open an electronic wallet that is compatible with the Polygon Network (a “Wallet”) on Sweet’s platform. Your use of Sweet’s platform and your Wallet shall be governed by the applicable terms and conditions of Sweet’s site. You can use your Wallet to store your NFT Prize and engage in Transfers, using a credit card or via one or more cryptocurrencies that Sweet may elect to accept from time to time. Transactions that take place on the Sweet platform are managed and confirmed via the Polygon Network. You understand that your Polygon Network public address will be made publicly visible whenever you engage in a transaction on the Sweet platform. Further, you understand that Sponsor has no control over transactions on the Polygon Network, nor does Sponsor have the ability to reverse or refund any payments or transactions relating to the NFT Prize. Sponsor has no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Sweet platform or otherwise via the Polygon Network. By participating in this Contest, you agree not to take any action on the Sweet platform that involves or results in the wrongful seizure or receipt of any NFTs or other digital assets, including the purchase or sale of NFTs by illegal means.
OWNERSHIP OF THE DIGITAL COLLECTIBLE AND ASSOCIATED NFT
When a Contest winner is awarded an NFT Prize through the Sweet platform, the winner becomes the owner of the underlying Digital Collectible and the NFT representing such Digital Collectible, but such ownership is subject to the limited license in and to the underlying artwork in the Digital Collectible (the “Artwork”) set forth in this Section. Sponsor owns and shall retain all right, title, and interest in and to the Artwork. Sponsor hereby grants to each Contest winner who is awarded an NFT Prize a worldwide, non-exclusive, perpetual, royalty-free license to use, copy, and display the Artwork in connection with the Digital Collectible and in accordance with the terms set forth herein. If you Transfer the NFT Prize, such license shall automatically be deemed assigned to any subsequent transferee of such NFT Prize. All rights to the Artwork are hereby expressly reserved by the Sponsor. Ownership of the Digital Collectible and the NFT representing such Digital Collectible is administered entirely on the Polygon Network. After becoming the owner of the Digital Collectible and the NFT representing such Digital Collectible, the winner may then Transfer it. Upon such Transfer, all ownership in that Digital Collectible and NFT by the transferor passes to the transferee. A Contest winner’s right to Transfer the NFT Prize to a third party is conditioned upon (i) the transferee’s acceptance of (i) these Official Rules including the Additional Terms of NFT Prizes incorporated therein and (ii) the terms and conditions of the applicable third-party platform used to make the Transfer.
Each winner of the Contest agrees that such winner shall not, nor authorize or permit any third party to, do or attempt to do any of the foregoing without the Sponsor’s express prior written consent in each case: (a) modify the Artwork in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the Artwork to advertise, market, or sell any product or service; (c) use the Artwork in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use the Artwork in any other forms of media, except to the limited extent that such use is solely for the winner’s own personal, non-commercial use; (e) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Artwork; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Artwork; or (g) otherwise utilize the Artwork for the winner’s or any third party’s commercial benefit.
ASSUMPTION OF RISKS RELATED TO NFTS AND BLOCKCHAIN
The prices of NFTs are extremely volatile and subjective. NFTs have no inherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFT Prize, which may also be subject to significant price volatility. Sponsor does not guarantee that any NFT Prize awarded in connection with the Contest will obtain or retain value, as the value of digital collectibles is inherently subjective, and factors occurring outside of the Contest, the Sweet platform, and Sponsor’s control may materially impact the value and desirability of any particular NFT.
There are risks associated with using NFTs, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within an individual’s Wallet. The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the potential utility or value of NFTs. ANY NFT PRIZE YOU WIN, OR ANY TRANSFER OF AN NFT PRIZE YOU MAKE, ACCEPT OR FACILITATE, WHETHER INSIDE OR OUTSIDE OF THIS CONTEST OR THE SWEET PLATFORM, WILL BE ENTIRELY AT YOUR RISK. SPONSOR DOES NOT CONTROL OR ENDORSE TRANSFERS OF NFTS.
Use of Blockchain:
The NFT Prizes awarded in connection with this Contest exist only by virtue of the ownership record maintained on the Polygon Network. Sponsor may store the Digital Collectibles and the NFTs representing such Digital Collectible on its own servers or those of third-party service providers. Any Transfer of NFT Prizes occurs within the Polygon Network and not on the Sweet platform.
IF YOU ARE A CONTEST WINNER, YOU ACCEPT AND ACKNOWLEDGE THAT SPONSOR WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS OR DELAYS YOU MAY EXPERIENCE WHEN USING THE SWEET PLATFORM OR THE POLYGON NETWORK, HOWEVER CAUSED. UPGRADES TO THE SWEET PLATFORM OR THE POLYGON NETWORK, OR A CHANGE IN HOW TRANSACTIONS ARE CONFIRMED ON THE POLYGON NETWORK MAY HAVE UNINTENDED, ADVERSE EFFECTS ON YOUR NFT.
NFTs are intangible digital assets that exist only by virtue of the ownership record maintained in the Polygon Network. All smart contracts are conducted and occur on the decentralized ledger within the Polygon Network. SPONSOR HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. SPONSOR IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE POLYGON NETWORK, OR ANY ELECTRONIC WALLET, INCLUDING, BUT NOT LIMITED TO, LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE POLYGON NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
SPONSOR WILL NOT BE RESPONSIBLE OR LIABLE TO ANY WINNER FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE SWEET PLATFORM, THE POLYGON NETWORK, OR YOUR ELECTRONIC WALLET, INCLUDING, BUT NOT LIMITED TO, ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SWEET PLATFORM, THE POLYGON NETWORK, OR ANY ELECTRONIC WALLET.