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NO PURCHASE NECESSARY TO ENTER OR WIN.
The #LancomeLovesLips Contest (the “Contest”) starts on July 22, 2013 at 12:00 a.m. Eastern Time (“ET”) and ends on July 30, 2013 at 11:59 p.m. ET (“Contest Period”). The Contest will be divided into nine (9) daily entry periods (each, a “Daily Entry Period”). Each Daily Entry Period will begin at 12:00 a.m. ET and end at 11:59 p.m. ET that same day.
ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States and the District of Columbia, at least 18 years of age. Employees of L'Oreal USA, Inc. (“Sponsor”), and their subsidiaries, affiliates, promotion and advertising agencies and members of their immediate family (spouse, mother, father, sister, brother, ward, daughter or son) and persons living in the same household of such employees, are not eligible to enter or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws. This Promotion is in no way sponsored, endorsed, or administered by, or in association with Instagram or Facebook.
HOW TO ENTER: During the Contest Period, using an established Instagram username, upload a photo through Instagram that displays your best lip look and include the hashtag #LancomeLovesLips to receive one (1) entry. Entries must be received during an applicable Daily Entry Period to be considered. If you choose to enter using your mobile phone, standard data fees may apply. See your wireless provider for pricing plan details. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. An Instagram account can be opened for free at www.instagr.am. There is no limit to number of entries per person and per household, however, each entry submitted must be substantially different than all subsequent entries.
REQUIREMENTS OF PHOTOS: Photos may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead (other than the cut out celebrities provided), without permission;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
- violates any law.
Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void. By submitting an entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the entry consent to the submission and use of the entry in the Contest and to its use as otherwise set forth herein.
By submitting an entry, entrant acknowledges and agrees that Sponsor may obtain many entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such entries may be similar or identical in theme, idea, format or other respects to other entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her entry, or that any compensation is due to entrant in connection with such entry or other works used by Sponsor.
JUDGING: All eligible entries received for each Daily Entry Period will be judged by Sponsor based on the following criteria: originality, uniqueness, and ability to convey your best lip look (40%), creativity of photo (30%), and originality of photo (30%). The one (1) entry for each Daily Entry Period with the highest score will be deemed a potential Grand Prize winner. In the event of a tie, an additional, “tie-breaking” judge will determine the winner(s) based on the criteria listed herein. Entries received for one Daily Entry Period will not be considered for any subsequent Daily Entry Periods. Sponsor reserves the right not to award a prize for any Daily Entry Period if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries for the applicable Daily Entry Period. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
WINNER POSTING: Sponsor's decisions are final and binding on all matters relating to this Contest. Potential winners will have their photos posted online at facebook.com/lancome instagram.com/lancomeusa, and pinterest.com/lancomeusa on or about July 30, 2013 and may be notified via @lancomeusa Direct Message on Instagram or email. Potential winners will be required to contact Sponsor via @lancomeusa Direct Message on Instagram or email at firstname.lastname@example.org within 14 days of potential winner photo posting in order to claim their prize. Potential winners may also be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law), which must be returned within 14 days of date appearing on prize documents. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within time specified by Sponsor, failure of a potential winner to respond to Sponsor within time specified, or noncompliance with these Official Rules will result in disqualification and the prize may be awarded to a runner-up for the applicable Daily Entry Period.
GRAND PRIZES (9) (One (1) per Daily Entry Period): Winners will each receive a set of ten (10) Lancome lipsticks. Approximate Retail Value (“ARV”) of each set is $300. Total ARV of all prizes: $2,700. All prize details not specified herein as being awarded will be at the sole discretion of the Sponsor. All prizes are awarded “as is” with no warranty or guarantee, either express or implied. No substitution, transfer, or cash equivalent of prize is permitted, except by Sponsor, which reserves the right to substitute a prize of comparable or greater value, at its sole discretion. Any and all federal, state, and local taxes on the prize, and any other costs, fees, and expenses not explicitly stated herein as being awarded, are the sole responsibility of the prize recipient.
GENERAL: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, Instagram, Facebook, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize; and (c) to the use of his/her name, voice, performance, photograph, entry, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.
In the event of a dispute regarding entries received from multiple users having the same Instagram account, the authorized subscriber of the Instagram account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the Instagram account by Instagram. Released Parties are not responsible for misdirected or undeliverable Instagram updates or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.
LICENSE/USE OF ENTRIES: By submitting an entry, and to the extent allowed by law, you grant the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your entry, name, photo, and biographical material including, but not limited to, all materials submitted in connection with the Contest in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party.
Released Parties are not responsible for late, lost, damaged, misdirected, incomplete, undeliverable, destroyed, garbled or stolen photos, entries; or for any typographical, human or other errors relating to or in connection with this Contest. Released Parties are not responsible for entries that that fail to enter into the Sponsor’s processing system, or that are processed, reported, or transmitted late or incorrectly or are lost or misdirected for any reason including computer, network, server, Internet Service Provider (ISP), satellite, telephone, cable transmissions, human or other errors; or for electronic, website, or other connections, availability or accessibility or miscommunications or telephone malfunction or error, including inability to access any Web site associated with the Contest or to process any transaction thereon. Sponsor may disqualify anyone from participating in the Contest or winning a prize if, in its sole discretion, it determines that such person is attempting to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives. Any attempt to deliberately undermine the legitimate operation of the contest may be in violation of criminal and civil laws and should such an attempt be made, sponsor reserves the right to seek any and all remedies available from any such individual to the fullest extent of the law, including criminal prosecution. Sponsor reserves the right in its sole discretion to cancel or suspend any portion of the Contest should causes corrupt the administration, security or proper play of the Contest, and, in the event of cancellation or suspension, to determine the winners for the applicable Daily Entry Period(s) from among all eligible entries received for the applicable Daily Entry Period(s) up to such time of cancellation or suspension using the judging criteria outlined above.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Contest, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and entrant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of New York, USA.
WINNERS' NAMES: For a list of the winners, visit facebook.com/lancome by July 30, 2013.
SPONSOR: L'Oréal USA, Inc., 575 Fifth Avenue, New York, NY 10017.