terms and conditions
Terms for Giveaways
Your participation in any Giveaway is subject to and governed by the official rules set forth here, along with any guidelines governing the social media additional terms (“Additional Terms”) outlined in the specific Giveaway listed on PrettyVulgar.com (the "Specific Giveaway").
Social Media Disclosure
No purchase is necessary to enter or win Giveaways offered by Pretty Vulgar. A purchase will not affect your chances of winning Giveaways. In other cases, the purchase may be necessary for entering contests. You can find information regarding whether purchase is necessary for a contest by checking the rules for the Specific Giveaway.
Unless otherwise noted in the Additional Terms for the Specific Giveaway, Pretty Vulgar’s Giveaways are open to legal residents of the 50 United States and Canada that are over 18 years old at the time of the contest being held. Pretty Vulgar’s employees and members of their immediate families, are not eligible to participate or win. Giveaways are subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited.
Unless otherwise outlined in the Specific Giveaway, the Sponsor of the Giveaway is Pretty Vulgar, LLC 1141 South Roger Circle Suite 7 Boca Raton, Florida 33487 (“Sponsor" or “Pretty Vulgar").
The Giveaway begins and ends on the time and date outlined in the Specific Giveaway, according to Sponsor’s internal time clock. All times are listed in Florida time, Eastern Standard Time (EST).
You may enter as many current Giveaways as you are otherwise qualified to enter. In any given year, if your winnings exceed $600.00, your winnings may be considered by the IRS as a taxable event, and Pretty Vulgar may be required to issue you a tax form 1099.
How to Enter
Follow the instructions contained in the Specific Giveaway to enter. In some cases, you may be asked to enter through a social media channel. In that case, you must have an account on that social media channel. All social media channels Pretty Vulgar uses to launch Giveaways are free to join and Pretty Vulgar makes commercially reasonable efforts to make sure Giveaways follow the guidelines set forth by the social media channel for promotions of that nature. IN ALL CASES WHERE YOU ARE REQUIRED TO PLACE HASHTAGS ON THE ENTRY, ALL HASHTAGS MUST BE INCLUDED OR YOUR ENTRY WILL NOT BE ELIGIBLE FOR THE SPECIFIC GIVEAWAY.
In the event the Specific Giveaway is a sweepstakes and the sweepstakes requires you to upload a photograph of yourself or show an image of yourself, you may upload any image that includes the requisite hashtags (so that we can find it), and you will be entered in the Specific Giveaway. If the Specific Giveaway is a contest, you will be provided the judging criteria on which your entry will be judged.
OddsThe odds of winning depend upon the number of entries received.
Sweepstakes Winner Selection
On or within 48 hours of the sweepstakes close, and unless otherwise outlined in the Specific Giveaway, one (1) Entrants will be selected at random by Sponsor or its representative from among all eligible entries received (the “Selected Entrants”). In the event the Selected Entrants are a Canadian resident, s/he will be provided a skills question s/he must answer correctly in order to receive the prize.
Contest Winner Selection
At the close of the contest, all eligible contest entries will be judged by a panel of qualified judges using the judging criteria outlined in the Specific Giveaway, and the winner with the highest score will be deemed the winner (also “Selected Entrant”). In the event there is more than one winner to be determined, the Specific Giveaway will identify the number of winners and the specific prizes. In the event of a tie, those entries will be rescored.
Giveaway Winner Notification and Announcement
Unless otherwise noted, Selected Entrants will be announced publicly using the social media channel on which the Giveaway was launched, and contacted by way of direct message or through an email to be given instructions on how to claim their prize(s). Only one attempt to contact the Selected Entrant will be made. Selected Entrant will be required to respond (as directed in the direct message) within seven (7) calendar days of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case Sponsor may, but is not obligated to, select an alternate Selected Entrant.
PrizeThe prize, the number of prizes, and the individual and total retail values of those prizes could be listed in the Additional Terms of the Specific Giveaway and/or provided upon request.
By participating in the Giveaway, any Entrant irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Entrant’s entry or submission, name, likeness, image, and biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on, or in connection with the Giveaways or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.
In cases where the prize in a Specific Giveaway exceeds $600.00, the Selected Entrant may also be required to complete additional paperwork, and may be required to provide Sponsor with her or his social security number and may be issued a tax form. In the event of a dispute about the identity of an Entrant, each entry will be declared made by the name and relevant information submitted at time of entry. Sponsor will not make multiple attempts to contact Selected Entrant.
No substitution, transfer, or cash redemption of prize permitted, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason.
Prizes are shipped only to the winner via ground shipping to the United States and Canada.
Conditions of Participating
By participating, Entrants agree to be fully and unconditionally bound by these terms, the Additional Terms, and the decisions of Sponsor, and waive any right to claim ambiguity in the Giveaway or to claim ambiguity. Any portion of the Giveaway may be canceled, suspended and/or modified, in whole or in part, if in Pretty Vulgar’s opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Giveaway. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of any Giveaway or Sponsor’s website, to be acting in violation of these terms, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entrants may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Sponsor reserves the right at its sole discretion to terminate any Giveaway and, if terminated, at its discretion, select the winner(s) either by applying the judging criteria, or, if a sweepstakes, in a random drawing from among all eligible, non-suspect entries received prior to action taken.
Limitation of Liability
If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant's sole remedy is another entry in the same Giveaway during the Giveaway period listed in the Specific Giveaway. Selected Entrants also agree to release, discharge, indemnify and hold harmless Sponsor and each of its respective officers, directors, employees, representatives and agents (collectively "Releasees") from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in any Pretty Vulgar Giveaways. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Giveaways; or (v) any printing, typographical, administrative or technological errors in any materials associated with these Giveaways. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with a Specific Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required.
Disputes and Jurisdiction
Disputes regarding these terms will be governed by the internal laws of the State of Florida. Decisions of Sponsor are binding and final. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.
These Terms and Conditions form a legally binding contract between you and us. By using our Sites, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms and Conditions, and to abide and comply with these Terms and Conditions.
Everything on or used in connection with our Sites, including but not limited to Pretty Vulgar’s name and logo, product images and descriptions, Site design, the look and feel of the Sites, text, graphics, button icons, images, audio clips, page headers, trademarks, content, the selection and arrangement thereof, and all software belongs to or is licensed to Pretty Vulgar, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hard copy portions of the Sites for purposes of placing an order with Pretty Vulgar or for non-commercial uses. Any other use of the materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Pretty Vulgar is strictly prohibited. Use of any materials on the Sites in connection with any product or service that is not offered by Pretty Vulgar in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pretty Vulgar, is also prohibited. You may not use any data mining, robots, or similar data gathering and extraction tools on the Sites or frame any portion of the Sites. You may not circumvent any mechanisms included in the Sites for preventing the unauthorized reproduction or distribution of the content or materials contained on the Sites.
From time to time there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Pretty Vulgar reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
While we make reasonable efforts to ensure the information provided on the Sites is accurate, we make no warranties about the accuracy and reliability of the information, data or content on the Site. The content on the Site is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Sites. The information contained on the Sites may be compiled from a variety of sources. See the “Disclaimer” Section below for more details.
proper use of the sites
You agree that you will use the Sites in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of these Terms and Conditions and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Sites in order to (a) determine whether a violation of these Terms and Conditions has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
You may not use the Sites in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.
Certain parts of the Sites may require a password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
Pretty Vulgar may from time to time provide links to other websites or applications (collectively, "Third Party Websites") as a service to those interested in this information. Links to Third Party Websites may also be posted by third parties on Pretty Vulgar’s Blog and on Pretty Vulgar’s Applications. Pretty Vulgar does not monitor, approve or have any control over any content located on Third Party Websites. The inclusion of any links to Third Party Websites does not imply any association or relationship between Pretty Vulgar and the Third Party Website, and Pretty Vulgar does not guarantee, endorse or adopt the accuracy or completeness of content on any Third Party Website. Pretty Vulgar is not responsible for updating or reviewing content on Third Party Websites. You use Third Party Websites at your own risk. Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links. If you use any of these links, you will leave the Sites.
use of products & services
The products and services available on the Sites, including any samples Pretty Vulgar may provide to you, are for personal use only. All material and information presented by Pretty Vulgar is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Pretty Vulgar does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Pretty Vulgar does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites.
You may not sell or resell any of products or services you purchase or otherwise receive from Pretty Vulgar. Pretty Vulgar reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you where Pretty Vulgar, in its sole discretion, believes may result in the violation of these Terms and Conditions.
While Pretty Vulgar has tried to accurately display the colors of products, the actual colors you see will depend on the device you are using to view the product and may not be accurate.
Any product may be returned with proof of purchase for a full refund within 30 days of purchase. Defective products will be replaced. Pretty Vulgar reserves the right to determine what constitutes a defective product. Customer is responsible for shipping costs when sending product back to Pretty Vulgar.
Pretty Vulgar will pay shipping costs when sending product back to customer.
please ship the item(s) to:
Attn: Product Returns
1141 South Rogers Circle
Boca Raton, FL 33487
If you access the Sites via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
PRETTY VULGAR IS PROVIDING THE SITES AND THEIR CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, OR CONTENT INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, PRETTY VULGAR DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRETTY VULGAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES.
limitation of liability
EXCEPT AS PROVIDED IN THE DISCLAIMER SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE SITES IS TO DISCONTINUE YOUR USE OF THE SITES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE OR THE COST OF THE PRODUCT AT ISSUE.
WE, OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION IS ENFORCEABLE IN THE STATE OF FLORIDA.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
Users of our Sites have the opportunity to post certain content on our Sites, such as comments on Pretty Vulgar’s Blog, reviews on our Ratings & Reviews features, and questions and answers on our Ask & Answer service (“User Generated Content”). All User Generated Content must comply with the Community Guidelines. The Community Guidelines is a binding part of these Terms and Conditions. Therefore, please ensure you read the Community Guidelines carefully when viewing the Sites.
You agree to defend, indemnify and hold harmless Pretty Vulgar (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your violation of any term of these Terms and Conditions; (b) a breach of these Terms and Conditions; (c) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (d) any claim that any content that you submitted to the Sites caused damage to a third party. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Sites.
governing law & jurisdiction
These Terms and Conditions and all questions relating to the performance, interpretation, breach or enforcement of these Terms and Conditions, or the rights, obligations and liabilities of you and us under them are governed by the laws of the State of Florida.
arbitration/no class action
You agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Sites will be decided by binding arbitration. ARBITRATION MEANS THAT YOU WILL NOT HAVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS. Rights to the prehearing exchange of information and other discovery, as well as appeal rights, may be more limited than were you to sue in court. All disputes between you and Pretty Vulgar of any kind or nature arising out of your use or enjoyment of the Sites, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the State of California, before one arbitrator to be mutually agreed upon by both parties and selected pursuant to the JAMS rules. It is further agreed that any disputes as to whether the scope of this arbitration provisions covers the claim will be submitted to the arbitrator, and not a court, for decision. The parties agree to share equally in the arbitration costs incurred
ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. It is expressly understood and agreed that you are waiving any right you have to sue on behalf of a class or in a representative capacity for other persons. This means:
- Neither you nor Pretty Vulgar can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
- The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
- The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Pretty Vulgar customers, and cannot be used to decide other disputes with other customers.
international visitors & shipping
We make no representation that materials contained on the Sites or products described or offered on the Sites are appropriate or available for use in jurisdictions outside the United States, or that these Terms and Conditions comply with the laws of any other country. Visitors who use the Sites and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Sites from any territory where its contents are illegal, and that you, and not Pretty Vulgar are responsible for compliance with applicable local laws.
International orders may be subject to import taxes, customs duties and fees levied by your country’s customs department upon arrival. When ordering from PrettyVulgar.com, the recipient of the shipment is the importer of record and is responsible for any of these import fees, as well as complying with all laws and regulations of the destination country. Pretty Vulgar does not collect duties and taxes, and as smart as we are, we cannot predict what your particular charges may be. Customs policies vary widely from country to country, so please contact your local customs office for more information.
fraud protection program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. Pretty Vulgar reserves the right to refuse to process an order or refund due to suspected fraud or unauthorized or illegal activity. If such is the case, Pretty Vulgar may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts, refuse to ship to certain addresses, or withhold refunds or concessions due to suspected fraud or unauthorized or illegal activity. Pretty Vulgar takes these measures to protect Pretty Vulgar's customers as well as Pretty Vulgar from fraud or other unauthorized or illegal activity.
no reseller activity
The products and services available on the Sites, including any samples Pretty Vulgar may provide to you, are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from Pretty Vulgar. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms and Conditions. Among other things, we may suspect reseller activity based on factors such as order frequency, amount and quantity.
comments, feedback & other submission
Pretty Vulgar welcomes your comments and feedback regarding the Sites, and Pretty Vulgar products and services. Any information, materials, suggestions, ideas or comments sent to Pretty Vulgar will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Pretty Vulgar an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Pretty Vulgar will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
The failure of Pretty Vulgar to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term. Further, it shall not impact Pretty Vulgar’s ability to enforce any other provision in these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Sites or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.