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#MyEightHour Instagram Sweepstakes Terms & Conditions

NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY ENTERING THE SWEEPSTAKES, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS & CONDITIONS. ACCESS TO INSTAGRAM AND A VALID INSTAGRAM ACCOUNT REQUIRED.

1. NAME:

Elizabeth Arden #MyEightHour Instagram Sweepstakes (“Sweepstakes”). .

2. SPONSOR:

This Sweepstakes is sponsored by Elizabeth Arden, Inc., 200 Park Avenue South, New York, NY, 10003 (“Sponsor”).

This Sweepstakes is not sponsored, endorsed, administered by, or associated with Instagram, nor is Instagram associated with this Sweepstakes in any way. By participating in this Sweepstakes, you (“you” or “Entrant”) acknowledge and agree that you are providing your Entry (as defined below) to Sponsor and not to Instagram, and agree to these terms and conditions (“Terms & Conditions”) in all respects. Any questions, comments, or complaints regarding the Sweepstakes must be directed to the Sponsor, and not to Instagram.

3. ADMINISTRATOR

This Sweepstakes is administered by FleishmanHillard, 220 E. 42nd Street, New York, NY 10017 (“Administrator”).

4. PROMOTION PERIODS:

The entry submission periods (“Promotion Periods”) each begin at 9:00:00 AM ET and end at 11:59:59 PM ET. There will be three (3) separate Promotion Periods:

Promotion Period 1: begins on August 8, 2017 and ends on August 14, 2017.

Promotion Period 2: begins on August 15, 2017 and ends on August 21, 2017.

Promotion Period 3: begins on August 22, 2017 and ends on August 29, 2017.

5. ELIGIBILITY REQUIREMENTS:

NO PURCHASE NECESSARY. The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry.

Employees of Sponsor, Administrator (including individuals who have previously been employed by Elizabeth Arden, Inc., Administrator at any time within the past 12 months) or any of their respective parent companies, subsidiaries, affiliates, divisions, licensors, licensees, 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 Entrant 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.

6. HOW TO ENTER:

During one of the Promotion Periods, you must complete the following steps in order to receive one (1) entry into the Sweepstakes:

STEP 1: Follow @ElizabethArden on Instagram; AND
STEP 2: Post a picture on your personal Instagram channel showing where you take your Eight Hour® using both of the following hashtags: #MyEightHour and #Sweeps (“Post”). Your Post must include both hashtags to be valid.

If you already follow @ElizabethArden on Instagram, you may skip directly to Step 2.

Due to the way Instagram operates their services, entries from Instagram users with “protected” accounts (i.e. Entrant has set his or her account so that only people the Entrant has approved can view his or her Tweets or posts) may not be received and/or constitute valid entries. An Instagram account may be opened for free at www.instagram.com or by downloading the free Instagram App.

ONLY ONE (1) ENTRY PER PERSON, FOR THE ENTIRE LENGTH OF THE PROMOTION.

The following will result in disqualification from the Sweepstakes: 1) Posts that do not contain #MyEightHour and #Sweeps; 2) Posts that have been edited or deleted after the original submission; 3) Duplicate Posts; 4) Posts which are considered spam; and 5) Posts containing any material that violates the Submission Guidelines below.

SUBMISSION GUIDELINES:

You (the Entrant) and only you should be featured in your submission. Your submission should not contain any visual element or text identifying your or any other person’s name, address, phone number, email address, or other personally identifiable information.

You must not submit, upload, post, transmit, transfer, distribute, or facilitate distribution of any submission that contains, as determined by the Sponsor in Sponsor’s sole discretion, any content that:
a. is violent;
b. is derogatory of any ethnic, racial, gender, religious, professional, or age group, or of any other characteristic, trait, affiliation, or association;
c. defames, misrepresents, or contains disparaging remarks about other people or companies;
d. endorses any form of hate or hate group;
e. references nudity or is or sexually explicit, suggestive, or pornographic;
f. references or promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
g. references or promotes any activity that may appear unsafe or dangerous;
h. references or promotes any particular political agenda or message;
i. is profane, obscene, or offensive;
j. contains the name, likeness, voice, or other indicia of any person other than yourself, including, without limitation, celebrities, and/or other public or private figures, living or dead;
k. references or contains trademarks, logos, or trade dress owned by others;
l. contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, social media, television, movies, or other media), and used by you without permission;
m. communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
n. violates any law.
In the event of a dispute, entries will be deemed to have been submitted by the person associated with the winning Instagram account. Sponsor is not responsible for lost, late, or incomplete entries or for any technical, hardware, software, Internet, virus contamination, network, and/or human error, any electronic malfunctions, or any other problems occurring during participation/attempted participation in the Sweepstakes or for delay, failure, or malfunction of any kind for any reason.

For the purposes of these terms and conditions (“Terms & Conditions”), all times and days are Eastern Time. Normal Internet access and usage charges imposed by your mobile service provider will apply and are not the responsibility of Sponsor.

Sponsor may run multiple campaigns, contests, or sweepstakes simultaneously. Entry into one campaign, contest or sweepstakes does not constitute entry into any other, unless specifically stated in the official Terms & Conditions of such campaign, contest or sweepstakes.

7. USE OF ENTRIES:

Without limiting any rights Sponsor may have pursuant to these Terms & Conditions, you hereby grant to Sponsor, its subsidiaries, successors, licensors, licensees, agents, and assigns, and others Sponsor may designate, the unlimited right and permission to exploit, exhibit, display, post, edit, and otherwise use your entry (and all material and information incorporated therein), and any material based on, derived from, or incorporating your entry, together with any other material, in whole or in part, in perpetuity, anywhere in the world, in any and all media (whether now known or hereafter devised) without compensation or further consideration.

SUBMISSIONS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANTS AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. PARTICIPATION IN THIS SWEEPSTAKES, AND SPONSOR’S USE OF ANY ENTRY IS FOR ENTERTAINMENT PURPOSES ONLY. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF ENTRIES AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH MONITORING, SCREENING, OR REVIEWING ENTRIES.

8. PRIZES

Nine (9) prizes will be awarded, each prize consisting of:

  • Elizabeth Arden Eight Hour® Family
    • Eight Hour® Cream Skin Protectant – Fragrance Free - $22
    • Eight Hour® Cream All Over Mirage Oil - $28
    • Eight Hour® Cream Miracle Hydrating Mist - $19
    • Eight Hour® Cream Lip Protectant Stick - $22
    • Eight Hour® Cream Skin Protectant Nighttime Miracle Moisturizer - $39
  • Prevage City Smart SPF 50 Hydrating Shield -$68
  • SUPERSTART Skin Renewal Booster - $67
  • Beautiful Color Bold Liquid Lipstick -$22
  • Beautiful Color Moisturizing Lipstick -$25
  • Grand Entrance Mascara -$24

Approximate Total Retail Value (“ARV”) of each Prize: $336
No transfer, cash, or other substitution of any prize allowed except that Sponsor reserves the right, in its sole and absolute discretion, to substitute an advertised prize or prize component with a prize/prize component of comparable or greater value. Sponsor will not replace any lost or stolen prizes. Prizes are non-transferable, with no cash redemptions, equivalents, or substitutions. All prizes are awarded "AS IS" and without warranty of any kind, express or implied, (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). In order for a winner to claim and receive a prize, winner, or if winner is under the age of eighteen (18), winner’s parent or legal guardian, must complete the Affidavit of Eligibility, Consent and Release and Receipt of Prize (“Affidavit of Eligibility”) as directed by Sponsor. If the winner does not complete the Affidavit of Eligibility within the specified time period, the prize will be forfeited. Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive (if any) and may be required to sign tax documents, file a Form 1099 with the IRS, and pay taxes on the value of the prize.

9. SELECTION OF WINNERS:

There will be nine (9) separate winner selections. Three (3) potential winners will be randomly selected from among all eligible entries received during the respective Weekly Promotion Period. The potential winner for each Promotion Period will be randomly selected within three (3) days of close of the relevant Promotion Period.

FINAL SELECTION OF WINNERS IS SUBJECT TO CONFIRMATION OF ELIGIBILITY. In the event that a potential winner is deemed ineligible, a potential winner fails to respond in a timely and complete manner (within 72 hours) in accordance with the instructions and requirements of the Sponsor, and/or does not accept a prize, the prize will be forfeited and another winner may be selected. Sponsor will have complete discretion over interpretation of the Terms & Conditions, administration of the Sweepstakes, and selection of the winners. Determination of eligibility is at the sole discretion of the Sponsor.

10. ODDS OF WINNING:

Odds of winning depend on the total number of valid entries received during the Sweepstakes Period. Buying any product or service will not help you win.

11. WINNER NOTIFICATION:

Potential winners will be notified by Sponsor via a comment on the Submission from Elizabeth Arden’s Instagram account within three (3) days of close of the relevant Promotion Period. You must follow Elizabeth Arden on Instagram to be notified. You must not have a protected account to be notified. Potential winner(s) will have three (3) days to respond to the initial winner notification before forfeiting their prize.

12. DATA COLLECTION / PRIVACY POLICY:

YAny personal information, including without limitation, an entrant’s name, Instagram username, and/or email address provided by an entrant will be used by Sponsor and/or Administrator solely in connection with the administration of this Sweepstakes. Any personal information held by Sponsor in respect of administration of the Sweepstakes will be held on record for a reasonable period to fulfill the purpose for which such personal information was collected. Information collected by Sponsor from entrants pursuant to the Sweepstakes is subject to the privacy policy of the Sponsor, available at: http://elizabetharden.com/Privacy-Policy/privacy-and-policy,default,pg.html.

Please note: If selected as a winner, the entrant will be required to provide Sponsor and any third party designated by Sponsor with personally identifiable information and documentation required to verify eligibility and to fulfill delivery and receipt of any prize. Winners’ identifying information may also be disclosed to third parties as required by law, including on a winners’ list.

13. PUBLICITY RELEASE:

Subject to applicable law, by entering this Sweepstakes, each entrant 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 entrant agrees not to issue any publicity of any kind concerning the Sweepstakes or the Sponsor without the prior written approval of Sponsor.

14. TAMPERING WITH SWEEPSTAKES:

Sponsor is not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ 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.

15. RELEASES, WAIVERS AND DISCLAIMERS:

By entering the Sweepstakes, entrants agree to release, discharge, and hold harmless Sponsor, Administrator, Instagram, and each of their respective 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, while preparing for or participating in any Sweepstakes-related activity, and/or acceptance, receipt, possession or use/misuse of any prize (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). Entrants 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 Post on Instagram or any online service via the Internet due to hardware or software compatibility problems; any damage to entrant’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 entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes, including but not limited to (i) Sponsor’s exercise of any rights granted by entrant to Sponsor herein; and (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the entry and any portion thereof, or the likeness of any natural person therein. Entrants hereby acknowledge 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.

16. SUSPENSION / MODIFICATION / TERMINATION:

Sponsor reserves the right to modify, suspend or terminate the Sweepstakes (including, without limitation, make changes to these Terms & Conditions) by posting a notice on http://instagram.com/elizabetharden, in its sole and absolute discretion, for any reason.

17. GOVERNING LAW / LIMITATION OF LIABILITY:

All federal, state and local laws and regulations apply. The Sweepstakes will be construed and evaluated according to United States law. By participating, entrants agree to be bound by the Terms & Conditions and the decisions of the Sponsor which are final and binding in all respects. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions 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 provisions.

BY ENTERING THE SWEEPSTAKES, ENTRANT 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 ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT 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.

18. LIST OF WINNERS:

To receive a list of Winners, send an email to: socialmedia@elizabetharden.com. Requests must be received within one (1) year of the close of the Sweepstakes.

19. MISCELLANEOUS:

The invalidity or unenforceability of any provision of these Terms & Conditions or the Affidavit of Eligibility 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 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. Entrants 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.

© Elizabeth Arden, Inc.