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REVIEW Sweepstake 

 OFFICIAL RULES

NO PURCHASE NECESSARY.  VALID ONLY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA.  VOID WHERE PROHIBITED BY LAW.  ENTRY IN THIS SWEEPSTAKES CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.

 

This Erborian Review Sweepstakes (“Sweepstakes”) encourages entrants ("Entrant(s)" or "You") to leave a review on a previously purchased Erborian product for a chance to win a $100 gift card from L’OCCITANE (Erborian).  Prize will be awarded in accordance with these Official Rules (“these Rules").

 

    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 L’OCCITANE 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.  L’OCCITANE INC.[RPJ1] , 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 April, 30th, 2019 at 12:00:01 a.m. Eastern Time ("ET") and ends on May 21st, 2019 at 11:59:59 p.m. ET (the “Sweepstakes Period”).  During the Sweepstakes Period, 3 potential winners (each a “Potential Winner”) will be randomly selected on or about May 22nd, 2019 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. 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 April 30th, 2019.  

  1. Here’s how to enter the Sweepstakes:

                                          i.    Log into your Erborian account.

                                         ii.    Look for your chosen product for which you wish to leave a review, 

                                        iii.    Leave a review and save it. 

L'Occitane welcomes feedback on your experience with our merchandise. We will publish on our Website both positive and negative comments, so long as the comments, reviews or testimonials (collectively, “Testimonials”) are accurate, constructive and not misleading. If you submit Testimonials that we do not publish on our Website, our customer service department may contact you in order to improve our product quality and service. We also reserve the right to edit all Testimonials for length, spelling, grammar, or for any other reason in our sole discretion so long as the meaning of the Testimonial is not materially altered. By submitting a Testimonial to L’Occitane, you hereby grant to L’Occitane the unrestricted right to use your Testimonial in perpetuity, through any and all media formats and media channels now known or hereinafter developed, without compensation, and to identify the source of the Testimonial by indicating your first name, last initial, city and/or state. Thank you for taking the time to share your thoughts with other L’Occitane customers.

 

    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 three (3) winners will receive an Erborian gift card, valid on usa.erborian.com (“Prize”). 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 three (3) Prizes if it does not receive at least three (3) eligible entries.

 

    9.        Prize Notification.  Within three (3) business days of the winner selection date, Sponsor will notify each potential winner by sending an email to the address listed on the Winner's account. It 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.  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, as well as complete a W-9 form.  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.        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.

 

  11.        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.

 

  12.        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.

 

  13.        Privacy.  All entries submitted in the Sweepstakes will be subject to Sponsor’s privacy policy, available at https://usa.loccitane.com/terms-conditions,82,1,29772,269379.htm#9.

  14.        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.

 

  1. 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.

 

  1. 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. 

 

  1. 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: L’OCCITANE INC., 1430 Broadway - 2nd Floor, New York, NY 10018.  Requests must be received by July 15, 2017.

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