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1. Binding Agreement. In order to enter the Sweepstakes, You must agree to these Rules. Therefore, please read these Rules prior to entry to ensure You understand and agree. You agree that submission of an entry in the Sweepstakes constitutes agreement to these Rules. You may not submit an entry to the Sweepstakes and are not eligible to receive the Prize described in these Rules unless you agree to these Rules. Participation constitutes Entrant’s full and unconditional agreement to these Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth in these Rules. These Rules form a binding legal agreement between you and ERBORIAN with respect to the Sweepstakes. 2. Arbitration. THESE OFFICIAL RULES AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. IF YOU DO NOT AGREE TO ARBITRATE YOUR CLAIMS AGAINST SPONSOR, DO NOT ENTER THE SWEEPSTAKES. BY ENTERING THE SWEEPSTAKES, YOU AGREE ALL CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO THE SWEEPSTAKES OR YOUR PARTICIPATION MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. YOUR ENTRY INTO THE SWEEPSTAKES SIGNIFIES YOUR AGREEMENT TO THESE OFFICIAL RULES. 3. Sponsor. ERBORIAN INC., 1430 Broadway - 2nd Floor, New York, NY 10018 (“Sponsor”). This Sweepstakes 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 Sweepstakes to Sponsor. 4. Sweepstakes Entry Period and Timing. The Sweepstakes begins on December 5, 2017 at 12:00:01 a.m. Eastern Time ("ET") and ends on December 7, 2017 at 11:59:59 p.m. ET (the “Sweepstakes Period”). During the Sweepstakes Period, five potential winners (each a “Potential Winner”) will be randomly selected on or about December 10, 2017 from among entries received during the Sweepstakes Period. Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period. 4. All dates and times are subject to change. Sponsor's computer is the official time-keeping device for the Sweepstakes. Entrants are responsible for determining the correct beginning and ending times of the Sweepstakes Period in their respective time zones. Sponsor is not responsible for late or misdirected entries. 5. Eligibility. To be eligible to enter the Sweepstakes, an Entrant must (i) be a U.S. citizen or a legal U.S. resident able to show proof of legal residence and (ii) have reached the age of majority in his or her state of residence and at least eighteen (18) years old as of the date of entry. Employees, interns, officers and directors of Sponsor and each of their parent and affiliate companies, suppliers as well as the immediate family (parents, siblings, children, spouses and life partners of each, regardless of where they live) and household members of each such employee, officer, or director (whether related or not) are not eligible. 6. How to Enter. To submit an entry, You must have a mobile device that can access the Internet and uses either the iOS or Android platform as of December 5 2017. If you do not have an Instagram account, you must create one. Accounts are free. Download the Instagram application to your mobile device and sign up for an Instagram account. By submitting your information and creating an account, you agree to the terms of use and privacy policy of Instagram. If you do not agree to these terms of use and privacy policy, you cannot create an Instagram account, or participate in this Sweepstakes. a. Here’s how to enter the Sweepstakes: i. Follow @ERBORIAN_USA and @achiquepeek on Instagram. ii. Look for and “Like” the Sweepstakes photo on @ achiquepeek’s Instagram account. iii. The settings for your mobile device regarding Instagram must be set to receive push notifications. iv. The Instagram account You use to enter the Sweepstakes must remain active for at least two weeks following the end of the Sweepstakes Period in order to receive notification in case You are a potentially eligible winner. b. 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. Entries will not be acknowledged or returned. Entries must adhere to the Instagram Terms of Use set forth at http://instagram.com/about/legal/terms/. c. Limit one (1) entry per person, per Instagram account. Violation of these Rules or the use of multiple Instagram accounts by the same person may disqualify You from the Sweepstakes. 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 these Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Proof of uploading an entry does not constitute proof of delivery or entry. 7. Mobile Disclosure. By using your wireless mobile device in connection with the Sweepstakes, 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 Sweepstakes. 8. Prize. Each of the five (5) winners will receive an ERBORIAN Get-a-Glow holiday kit (“Prize”). Approximate Retail Value (“ARV”) of the merchandise component of each Prize is $45 USD – includes 1 full size Glow Crème ($42), mini Yuza Double Lotion ($10), mini Solid Cleansing Oil ($8); ARV of all Prizes is $225 USD. Prize is non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize or any component thereof for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with Prize receipt and/or use. Allow 4-6 weeks for Prize delivery. Sponsor reserves the right to give out fewer than five (5) Prizes if it does not receive at least five (5) eligible entries. 9. Prize Notification. Within three (3) business days of the winner selection date, a Sponsor will notify each potential winner by adding a comment from @ERBORIAN_USA or @ACHIQUEPEEK on the potential winner’s Instagram account or by sending a direct inbox message on Instagram to the potential winner. The comment will request that the potential winner email Sponsor at a specified email address with specific personal information, including but not limited to the potential winner’s full name, address, phone number, email address, date of birth, and Instagram username and handle. The 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 winner’s name, likeness, Instagram username or handle, city and state of residence, for any advertising and promotional purposes relating to the Sweepstakes, in any media now known or hereafter devised, without further notice, compensation, consideration, review or consent, and requiring the potential winner to claim ownership of the Instagram account that submitted the winning entry, and may be asked to demonstrate control of the account. The potential winner must email Sponsor at the specified email address within (1) business day after Sponsor posts the comment notification on the potential winner’s Instagram account, at which time such potential winner will be provided with the Prize Documents. Failure to respond to a comment notification within one (1) business day may result in the 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 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 service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Instagram for the Sweepstakes 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 Sweepstakes. 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 email 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 email address by an Internet access provider, online service provider, or other organization, such as a business or educational institution that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winner may be required to provide Sponsor with proof that he/she is the registered account holder for the email 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 email or postal address during the Sweepstakes Period. Any damage made to the Instagram service will be the responsibility of the registered account holder of the email address for the Instagram account used at the time of entry. 11. Entrant Conduct. This Sweepstakes is subject to all federal, state, and local laws/regulations. Failure to comply with these 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 Sweepstakes; or to be acting in any manner deemed by Sponsor to be in violation of these 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 SWEEPSTAKES 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. 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; (ii) any misrepresentation made by the Entrant in connection with the Sweepstakes; or (iii) any non-compliance by the Entrant with these Rules. 13. Release and General Terms. By participating in the Sweepstakes, Entrants agree, to the fullest extent permitted by 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 Sweepstakes. 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 Sweepstakes, or any technical or human error which may occur in connection with the Sweepstakes; (iii) any injury or damage to participants related to or resulting from participating in the Sweepstakes; or (iv) inaccessibility or unavailability of the Internet or any combination thereof. If, for any reason, the Sweepstakes 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 Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes. Sponsor reserves the right to change these Rules at any time, with or without notice. 14. Privacy. All entries submitted in the Sweepstakes will be subject to Sponsor’s privacy policy, available at http://usa.ERBORIAN.com/achiquepeekholidaygiveaway, as well as the Instagram privacy policy. 15. Disputes. YOU AND SPONSOR AGREE THAT, EXCEPT FOR DISPUTES THAT QUALIFY FOR STATE COURTS OF LIMITED JURISDICTION (SUCH AS SMALL CLAIMS, JUSTICE OF THE PEACE, MAGISTRATE COURT, AND SIMILAR COURTS WITH MONETARY LIMITS ON THEIR JURISDICTIONS OVER CIVIL DISPUTES), ANY CONTROVERSY OR CLAIM, WHETHER AT LAW OR EQUITY, ARISING OUT OF OR RELATED TO THIS SWEEPSTAKES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE RESOLVED IN ITS ENTIRETY BY INDIVIDUAL (NOT CLASS-WIDE NOR COLLECTIVE) BINDING ARBITRATION. ENTRANTS AND WINNERS SHALL NOT BE PERMITTED TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. a. Any arbitration will be determined by a single arbitrator, and all proceedings brought pursuant to this section will take place in the State of New York in New York County. The arbitration shall be conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Consumer Arbitration Rules (the “Rules”), and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator shall decide all issues of the case on the basis of the applicable law, not equity. If You initiate arbitration, You must notify Sponsor at the address listed above. b. The parties agree to share equally in the arbitration costs incurred. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York, and shall be resolved individually, without resort to any form of class action. c. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER IS VOID OR UNENFORCEABLE OR THAT ARBITRATION MAY PROCEED ON A CLASS BASIS, THEN THE RELEVANT CLAIM WILL NOT BE SUBJECT TO ARBITRATION AND MUST BE LITIGATED IN FEDERAL COURT LOCATED IN NEW YORK, NEW YORK. 16. Winner’s List. For a list of winners, mail a self-addressed stamped envelope to: ERBORIAN INC., 1430 Broadway - 2nd Floor, New York, NY 10018. Requests must be received by December 12, 2017.
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