ERBORIAN BAMBOOBOO CHALLENGE
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED BY LAW.
1. Sponsor. ERBORIAN 1430 Broadway - 2nd Floor, New York, NY 10018 (“Sponsor”). This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information and entry to Sponsor and not to Instagram. Please direct any questions or comments regarding this Contest to Sponsor.
2. Contest Entry Period and Timing. The ERBORIAN BAMBOOBOO CHALLENGE Contest (“Contest”) begins on October 12, 2015 at 9:00 a.m. Eastern Time ("ET") and ends on November 1, 2015 at 12:00 a.m. ET (the “Contest Period”). Sponsor's computer is the official time-keeping device for the Contest. Entrants are responsible for determining the correct beginning and ending times of the Contest Period in their respective time zones. Sponsor is not responsible for late or misdirected entries.
3. Eligibility. The Contest is open only to (i) legal residents of the United States and the District of Columbia (residents of Puerto Rico and all other U.S. territories and possessions are expressly excluded from participation in the Contest); (ii) who have reached the age of majority in their state of residence and are at least eighteen (18) years old as of the date of entry. Employees, officers and directors of Sponsor and each of their parent and affiliated companies, suppliers as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, officer, or director are not eligible. THE CONTEST IS VOID OUTSIDE THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, IN PUERTO RICO AND ALL U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
All entries must meet the “Entry Requirements” described in Section 5 below to be an “Eligible Entry.” All entries must also be submitted during the Contest Period. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth herein and Sponsor is not responsible for failure to see or receive an entry. For purposes of this Contest, an Eligible Entry is a photograph that follows the technical, creative, and legal requirements disclosed in the advertising for this Contest and elsewhere in these Official Rules, including, without limitation, the Entry Requirements below and the Instagram terms. Entries will not be acknowledged or returned. Limit one (1) entry per person, regardless of whether entrants have multiple Instagram accounts or handles. Each entry must be unique. Violation of these rules or the use of multiple Instagram accounts by the same person may disqualify entrant from the Contest. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Proof of uploading an entry does not constitute proof of delivery or entry.
6. Mobile Disclosure. By using your wireless mobile device in connection with the Contest, depending on your phone’s capabilities, standard text messaging rates or data charges 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 messaging rate plans and charges relating to your participation in this Contest
7. Judging. Each Eligible Entry will be judged by Sponsor and/or a panel of judges selected by Sponsor (“Judges”) on or about November 2, 2015 by reviewing the Eligible Entries and selecting five (5) potentially winning entries from all submissions. Judges will evaluate each entry on the following criteria: (i) relevance to the “BambooBOO” theme; (ii) originality and creativity; and (iii) clarity and quality of the image. Each of these criteria will be equally weighted. In the event of a tie, the entry that received the higher score from the Judges in the category of “originality and creativity” will be selected as a potential winner. In the event any potential winner is disqualified for any reason, the entry that received the next highest total score will be chosen to replace the disqualified potential winner. Odds of winning a prize depend on the number of eligible entries received during the Contest Period.
8. Prize. Five winners eachwill be entitled to receive one (1) Crème Scrub, one (1) Solid Cleansing Oil, one (1) Crème Frappee, one (1) Bamboo Waterlock and one (1) BB Cream (“Prize”). Prizes will be shipped to the address provided by each winner upon notification of the Prize. Retail value of the Prize will vary depending on the products selected, but shall not to exceed $190.00. Sponsor reserves the right to alter or substitute the Prize or any component thereof in its sole discretion and in that event will provide a substitute of equal or greater retail value than the substituted Prize.
9. Prize Notification. Within three (3) business days of the selection of the potential winners, Sponsor will notify the potential winners by adding a comment on Instagram from @erborian_usa to eachvpotential winner’s entry submission on the potential winner’s Instagram account. The comment will request that the potential winner e-mail Sponsor at a specified e-mail address with specific personal information (example: full name, address, phone number, e-mail address, date of birth, Instagram username, etc.) and the original unaltered submission. Each potential winner, in Sponsor’s sole discretion and where permitted by law, may be required to sign an affidavit of eligibility and a publicity and liability release (“Prize Documents”) granting Sponsor the right to use the entry, the winner’s name, likeness, voice, and city and state of residence, and requiring the potential winner to claim ownership of the Instagram account that submitted the winning photo, and may be asked to demonstrate control of the Instagram account, as well as complete a W-9 form. Each potential winner must e-mail Sponsor at the specified e-mail address within seven (7) business days after Sponsor posts the comment notification on the potential winner’s entry, at which time such potential winner will be provided with the Prize Documents. Failure to respond to a comment notification within seven (7) business days may result in a potential winner being disqualified and an alternate potential winner being selected. If a prize notification, Prize Documents, or a prize is returned as undeliverable for any reason, the prize may be forfeited, and the Sponsor reserves the right to select an alternate potential winner, time permitting and in Sponsor’s sole discretion, with whom Sponsor will follow the same process. In order to receive the comment notification, the potential winner’s device and Instagram settings must be set to receive push notifications.
10. Note about Instagram. Sponsor is not responsible for any changes or unavailability of the Instagram services that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Instagram for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Instagram, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the e-mail address associated with the Instagram account for the potentially winning entrant, but only if that person meets all other eligibility criteria. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide Sponsor with proof that he/she is the registered account holder for the e-mail address associated with the Instagram account for the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her e-mail or postal address during the Contest Period. Any damage made to the Instagram service will be the responsibility of the registered account holder of the e-mail address for the Instagram account used at the time of entry.
11. Entrant Conduct. This Contest is subject to all federal, state, and local laws/regulations. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Contest; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR 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 CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Entrant Representations and Warranties. By entering the Contest, entrants represent and warrant that their Eligible Entries are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted entry and that they have the right to submit the Eligible Entry in the Contest and grant all required licenses and assignments. Each entrant agrees not to submit any entry that infringes any third-party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity, confidentiality obligations. Entrants also represent and warrant that they have not previously submitted their Eligible Entry as an entry in another contest, promotion, competition, or similar activity.
13. Indemnity. To the maximum extent permitted by law, each entrant shall indemnify Sponsor at all times from and against any and all liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless Sponsor from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (i) any entry or other material submitted by the entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person, including privacy or publicity rights; (ii) any misrepresentation made by the entrant in connection with the Contest; or (iii) any non-compliance by the entrant with these Official Rules.
14. Release, Publicity, and General Terms. By participating in the Contest, entrants: (i) agree, to the fullest extent of the law, to release and hold harmless Sponsor, and its respective parents, subsidiaries, affiliates, directors, officers, employees, and agents as well as Instagram from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Contest, and (ii) grant to Sponsor the right to use and publish their proper name, city and state of residence, statements, photograph, voice and/or likeness for any advertising and promotional purposes relating to the Contest, in any media now known or hereafter devised, without further notice, compensation, consideration, review or consent and without regard to moral rights, except where prohibited by law.
Sponsor assumes no responsibility or liability for the following: (i) telephone or technical malfunctions that may occur; (ii) any incorrect or inaccurate information, any of the equipment or programming associated with or utilized in the Contest, or any technical or human error which may occur in connection with the Contest; (iii) any injury or damage to entrants related to or resulting from participating in the Contest; or (iv) inaccessibility or unavailability of the Internet or any combination thereof. If, for any reason, the Contest is not capable of running as planned, including because of, tampering, unauthorized intervention, fraud, technical failures, force majeure, or any other cause beyond the control of Sponsor which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to change these Official Rules at any time, with or without notice.
15. Intellectual Property Rights. Each entrant shall retain ownership of all intellectual property rights in each Eligible Entry (including moral rights) subject to these Official Rules. However, by entering the Contest, and to the extent allowed by law, each entrant grants Sponsor and its affiliates, licensees, promotional partners, developers and third party marketing entities a non-exclusive, perpetual, worldwide, royalty-free license to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, adapt, publish, exploit and use the Eligible Entry throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation.
17. Disputes. Any and all legal actions or claims arising in connection with this Contest or these Official Rules must be brought in a court of competent jurisdiction within the State of New York and will be governed by and interpreted under the laws of the State of New York without regard to its conflicts of law provisions and shall be resolved individually, without resort to any form of class action. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
18. Winner’s List. For a list of winners, mail a self-addressed stamped envelope to: BambooBOO Challenge Winner List, c/o Erborian, 1430 Broadway - 2nd Floor, New York, NY 10018. Requests must be received by November 15th, 2015.