TERMS & CONDITIONS
NO PURCHASE NECESSARY TO ENTER. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, AND PUERTO RICO WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
INTERNET ACCESS AND A VALID E-MAIL ADDRESS REQUIRED TO PARTICIPATE.
INTERNET ACCESS AND A VALID E-MAIL ADDRESS REQUIRED TO PARTICIPATE.
- NAME: UNTOLD Elizabeth Arden Discover Her Story Sweepstakes ("Sweepstakes").
- SPONSOR: Elizabeth Arden, Inc., 200 Park Avenue South, New York, New York 10003 ("Sponsor").
- PROMOTION PERIOD: The Sweepstakes begins on or about 12:00 AM Eastern Time ("ET") on October 30, 2013 and ends at 11:59 PM ET on November 13, 2013 ("Promotion Period").
ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States, the District of Columbia, and Puerto Rico who are eighteen (18) years of age or older at the time of entry.
Employees of Sponsor (including individuals who have previously been employed by Sponsor any time within the past twelve (12) months) or any of their respective parent companies, subsidiaries, affiliates, divisions, licensors, licensees, distributors, advertising and promotion, fulfillment and/or judging agencies, and related entities (collectively "Sweepstakes Entities"), and their immediate families and/or those living in the same household are not eligible to enter or win. This Sweepstakes is void where prohibited or restricted by law.
By entering the Sweepstakes, each participant represents and warrants that he or she meets all the eligibility requirements and acknowledges that failure to meet all eligibility requirements will disqualify participant from the Sweepstakes.
HOW TO ENTER: To enter the Promotion, you must complete each of the following steps:
- During the Promotion Period, go to Sweepstakes; AND
- Read the three (3) featured UNTOLD Short Stories; AND
Complete the provided Entry Form ("Entry Form") in its entirety, including provision of your:
- First Name
- Last Name
- E-mail Address; AND
- Cast your vote for your favorite featured UNTOLD Short Story; AND
- Submit your Entry Form
In the event of a dispute, entries will be deemed to have been submitted by the person identified by name in the Entry Form. Sponsor is not responsible for entry information that is not captured correctly, or for any technical, hardware, software, network malfunctions or failures, human error, lost, stolen, misdirected, undelivered, or delayed postal deliveries, or any other problems occurring during participation / attempted participation in the Promotion.
Final eligibility for the award of any prize is subject to eligibility verification. Sponsor disclaims any liability should it determine that an entry is not eligible.
BY ENTERING THIS SWEEPSTAKES, EACH ENTRANT SPECIFICALLY AND IRREVOCABLY ACKNOWLEDGES, AGREES, REPRESENTS, AND WARRANTS THAT: (i) THE ENTRANT HAS OPTED-IN TO SPONSOR'S COLLECTION AND USE OF ANY/ALL CONTENT AND PERSONAL INFORMATION ASSOCIATED WITH AND/OR CONTAINED IN THE ENTRANT'S ENTRY FOR THE PURPOSE OF ADMINISTERING THE SWEEPSTAKES; (ii) THE ENTRANT HAS READ AND CONSENTS TO ALL TERMS AND CONDITIONS SET FORTH IN THESE Terms & Conditions AND AGREES TO BE BOUND BY THESE Terms & Conditions; (iii) THE ENTRANT MEETS ALL OF THE ELIGIBILITY REQUIREMENTS HEREIN AND ACKNOWLEDGES THAT FAILURE TO MEET ALL ELIGIBILITY REQUIREMENTS WILL RENDER ENTRANT'S ASSOCIATED ENTRY INVALID AND WILL DISQUALIFY ENTRANT FROM THE SWEEPSTAKES; AND, (iv) IF SELECTED AS A WINNER, THE ENTRANT WILL BE REQUIRED TO PROVIDE THE SPONSOR AND ANY THIRD PARTY DESIGNATED BY THE SPONSOR AS NECESSARY TO THE ADMINISTRATION OF THE SWEEPSTAKES WITH PERSONALLY IDENTIFIABLE INFORMATION AND DOCUMENTATION REQUIRED TO VERIFY ELIGIBILITY, AND TO FULFILL DELIVERY AND RECEIPT OF THE SWEEPSTAKES PRIZE.
PRIZES: Three Prizes will be awarded in the Sweepstakes: One (1) Grand Prize, one (1) First Place Prize, and one (1) Second Place Prize.
- One (1) UNTOLD "Model's Look" Giveaway
- Earrings made with SWAROVSKI ELEMENTS ( $65.00 value)
- Beautiful Color Eye Shadow in Shimmering Copper and Sunset ($18.50 value each)
- Beautiful Color Eye Shadow Duo in Precious Metals ($28.50 value)
- Beautiful Color Smoky Eyes Pencil in Espresso ($18.00 value)
- Beautiful Color Lash Enhancing Mascara in Black ($24.00 value)
- Ceramide Cream Blush in Pink ($24.00 value)
- Beautiful Color Moisturizing Lipstick in Breathless ($25.00 value)
- Crystal Clear Lip Gloss ($14.00 value)
- Approximate Total Retail Value ("ARV") of Grand Prize: $235.50
- One (1) UNTOLD Deluxe Gift Set : Eau de Parfum Spray, 3.3 fl oz; Body Cream, 3.3 fl oz; Shower Gel, 3.3 fl oz; Eau de Parfum .17 fl oz ($127.00 value)
- Approximate Total Retail Value ("ARV") of First Place Prize: $127.00
- One (1) $100 ElizabethArden.com Shopping Spree . Winner will receive a secret code to use towards $100.00 worth of product on ElizabethArden.com website.
- Approximate Total Retail Value ("ARV") of Second Place Prize: $100.00
- SELECTION OF WINNERS: Winners will be randomly selected on or about November 10, 2013 from amongst all eligible entries received during the Promotion Period. The potential winners selected will be subject to confirmation of eligibility. Sponsor will have complete discretion over interpretation of the Terms & Conditions, administration of the Sweepstakes, and selection of the winners. Decisions of the Sponsor as to the administration of the Sweepstakes, interpretation of the Terms & Conditions, and the selection of the winners will be final.
- PUBLICITY RELEASE: Subject to applicable law, by entering this Sweepstakes, each participant affirmatively and irrevocably agrees, consents to, and grants Sponsor the right to use their name, image, likeness, voice, city, state, country, and/or other biographical material for any and all purposes including, but not limited to, advertising, promotional, marketing, and/or publicity purposes in connection with the Sweepstakes, in all forms of media now and hereafter known, worldwide in perpetuity, without any obligation or further consideration. By entering this Sweepstakes, each participant affirmatively and irrevocably agrees not to issue any publicity of any kind concerning the Sweepstakes, the Sponsor, or any of the Sponsor's products or services without the prior written approval of Sponsor.
- REPRESENTATIONS AND WARRANTIES: Each participant represents and warrants that he or she: (i) has read, understands and will adhere to these Rules; (ii) is a legal resident of the fifty (50) United States, the District of Columbia, or Puerto Rico; (iii) is at the time of entry of the age specified in the Rules or has the permission of his/her parent or legal guardian to enter and win if required by law; and (iv) has the right to agree to and fully perform consistent with these Terms & Conditions and no consent of any third parties is required to grant the rights hereunder. Participants agree to defend, indemnify and hold Sponsor, Elizabeth Arden, and each of their respective parents, subsidiaries, successors, assigns, licensors, and licensees, harmless from and against any third party claim relating to any breach of any representation, warranty or covenant made by such participant in connection with his/her participation in Sweepstakes activities.
- TAMPERING WITH SWEEPSTAKES: Sponsor is not responsible for the actions of participants in connection with the Sweepstakes, including participants' attempts to circumvent the Terms & Conditions or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or who Sponsor believes to be causing or attempting to cause malfunction, error, disruption or damage will be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future Sweepstakes. Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Terms & Conditions, or to be acting in an un-sportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person.
RELEASES, WAIVERS AND DISCLAIMERS: By entering the Sweepstakes, participants agree to release, discharge, and hold harmless Sponsor and its parents, subsidiaries, affiliates, licensors, licensees, agents, representatives, retailers, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the "Released Parties"), from any and all liability, claims, losses, injuries, demands, damages, actions, and/or causes of action, whether direct or indirect, which may be due to or arise out of or in connection with participation in the Sweepstakes and/or while preparing for or participating in any Sweepstakes-related activity (including, without limitation, liability for any property loss, damage, personal injury or death, violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property). Participants agree that the Released Parties shall have no responsibility or liability for human error; incorrect or inaccurate transcription of information; any technical malfunctions of the telephone network, computer equipment or systems, software, hardware, or Internet service provider utilized by Sponsor; interruption or inability to access the Sweepstakes website or any online service via the Internet due to hardware or software compatibility problems; any damage to participant's (or any third person's) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties.
Each participant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action, or proceeding against Released Parties and hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law relative to the Sweepstakes or any component thereof. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond their control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within their control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. Sponsor reserves the right to modify, suspend or terminate the Sweepstakes (including, without limitation, make changes to these Rules) without notice, in its sole and absolute discretion, including, but not limited to, if in its sole and absolute discretion, it is determined that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or any Force Majeure event(s) has destroyed or severely undermined or impaired the integrity and/or feasibility of the Sweepstakes. All Participants must check on regularly to determine if there have been any changes made to the Terms & Conditions, the Sweepstakes or the Prizes.
- GOVERNING LAW / LIMITATION OF LIABILITY: All federal, state, and local laws and regulations apply. By participating, participants agree to be bound by the Rules and the decisions of the Sponsor which are final and binding in all respects. The Sweepstakes will be construed and evaluated only according to United States law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
- LIST OF WINNERS: To receive a list of Winners, send a stamped self addressed envelope to: UNTOLD Sweepstakes, c/o Elizabeth Arden, Inc., 200 Park Avenue South, New York, New York 10003
- MISCELLANEOUS: The invalidity or unenforceability of any provision of these Terms & Conditions or the Affidavit of Eligibility and Acceptance will not affect the validity or enforceability of any other provision. In the event that any provision of the Terms & Conditions or the Affidavit of Eligibility and Acceptance is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Terms & Conditions will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Terms & Conditions. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
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© 2013 Elizabeth Arden, Inc.