WIN PERFECT SKIN CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
PARTICIPATION IN THE CONTEST CONSTITUTES EACH ENTRANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES AND COMPLETE UNDERSTANDING OF ANY GUIDELINES IMPOSED BY THE SOCIAL MEDIA ENTITY ENTRANT USES TO ENTER THE CONTEST.
1. CONTEST ENTRY PERIOD: The Win Perfect Skin Contest (the “Contest”) begins at 12:00:01 a.m. U.S. Eastern Time (“ET”) on April 1, 2017 and ends at 11:59:59 p.m. ET on May 31, 2017 (the “Contest Entry Period”). Contest Entry Period consists of two (2) monthly entry periods. Entries collected per market (as defined below) will only be judged along with other entries submitted for the same market. To submit an entry for judging for a given entry period, Entrant’s (as defined below) entry must be received by the deadline for a given monthly entry period on the following chart:
Entry Period # 1:
Begins: 12:00:01am ET on April 1, 2017
Ends: 11:59:59 pm ET on April 30, 2017
Entry Period # 2
Begins: 12:00:00am ET on May 1, 2017
Ends: 11:59:59 pm ET on May 31, 2017
Entries received for a given monthly entry period will not be eligible for judging in the subsequent monthly entry period.
Entries will be pulled from popular social media channels that provide publicly accessible API permitting searching based on hashtags.
The Contest might be deemed as advertisement in your country/region. As holder of a relevant social media account, you agree to bear all relevant legal obligations (if any), liability and risks arising from participating the contest according to applicable law in your country/region.
3. PROMOTER: Bobbi Brown Professional Cosmetics, 575 Broadway, 4th Floor, New York, NY 10012, USA (the “Promoter”).
4. ELIGIBILITY: Contest is open only to individuals, who at time of entry are legal residents age 18 or older of the following countries: Australia; Canada (excluding the province of Quebec); China (excluding Macau); England; France; Germany; Hong Kong, SAR of China; Northern Ireland; Republic of Ireland; Scotland; Spain, South Africa; South Korea; Taiwan, China; Wales; the 50 United States (including the District of Columbia), and legal residents of Japan age 20 or older. Employees, officers, directors, agents of the Promoter, its parent company, subsidiaries, vendors, affiliated companies, advertising, promotions, and/or public relations agencies doing business with any of the above, and any other individual or company involved in the development or execution of the Contest (collectively, “Contest Parties”) or a family member of any such employee (spouse, parents, siblings and children, regardless of where they reside) or individuals living in the same household of such employees (whether or not related) are not eligible to enter the Contest. The Contest is subject to all applicable national, federal, provincial, municipal, and local laws and regulations. Void where prohibited by local law. Participation constitutes full and unconditional agreement to these Official Rules (“Rules”) and the decisions of Promoter and Administrator (as defined below), which are final and binding in all matters related to the Contest.
5. HOW TO ENTER: You must do the following to submit an entry for a given monthly entry period: (1) sign into your social media account of choice; (2) create a photograph (“photo”) or video (“video”) showcasing yourself wearing Bobbi Brown Skin foundation (3) include the formula or formula and shade you are wearing (example given: Skin Foundation Stick, or Skin Foundation SPF15, in Warm Natural or 4.5, etc.); [If you do not have or wish to purchase Bobbi Brown Skin foundation, visit a participating store to sample the product] (4) upload the photo or video and create a caption explaining how Bobbi Brown helps you see your perfect skin; (5) add the following hashtags in English: #BobbiBrownContestEntry and #SeePerfectSkin and tag @BobbiBrown (the “Entry”). Post your Entry via a social media application during the Contest Entry Period. Your Entry will be entered in the Contest for the monthly entry period it qualifies for when it is received and will not qualify for any other monthly entry period. Your Entry will only be judged against other Entries received for the region you qualify). The regions and countries that make up the 13 markets (each referred to as a “Market” hereafter) are as follows along with the total amount of prizes to be awarded per Market:
1. 50 United States (including the District of Columbia); four (4) prizes
2. Canada (excluding residents of the province of Quebec); two (2) prizes
3. THE UK; six (6) prizes
• N. Ireland
• Republic of Ireland
4. France; six (6) prizes
5. Germany; six (6) prizes
6. Spain; six (6) prizes
7. China; six (6) prizes
8. Hong Kong, SAR of China; six (6) prizes
9. Taiwan, China; six (6) prizes
10. Japan; six (6) prizes
11. South Africa; six (6) prizes
12. South Korea; six (6) prizes
13. Australia; six (6) prizes
There may only be one (1) Entrant for each Entry submitted, regardless of the number of persons who may have contributed to the creation of the Entry. Entrant can only enter via social media, including but not limited to: Twitter, YouTube, Instagram, Facebook, WeChat, and Weibo. You must have a mobile phone or other wireless or electronic device that supports the social media application you intend to use to enter the Contest. “Account” shall mean and refer to an Entrant’s social media account.
If your Account is set to “protected or private mode”, your updates/responses will not be visible to Promoter and, therefore, will not be received by the Promoter, resulting in your failure to enter the Contest. Note: Disabling “protected or private mode” will make all of your posts public and anyone will be able to follow you. Normal Internet access and usage charges imposed by your carrier service will apply. If you opt to receive communication from the Promoter via your wireless mobile device (which may only be available via participating wireless carriers), standard text messaging rates, air time and carrier charges will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. You understand that by participation in this Contest, you may receive notification via mobile phone or text message, which will be subject to the charges pursuant to your carrier’s rate plan.
During the Contest Entry Period you will disclose your relationship with Promoter in any online posts you make which reference the Contest hashtag or any of its products or services by including the statement “I entered a contest promoted by Bobbi Brown” in any such online posts. If you are selected as a winner, you will continue to disclose your relationship with the hashtag #BobbiBrownContestWinner in online posts you make that reference Bobbi Brown or any of its products or services.6. ENTRY GUIDELINES: (a) Each Entry must depict the “how Bobbi Brown helps me see my perfect skin” photo or video and a caption/description different from any other entry you submit; (b) Images of Promoter’s products, logos, trademarks, etc. (“Promoter’s Marks”) are not required in the photo. LIMITED LICENCE: You may use Promoter’s Marks for purposes of this Contest only. No other rights in or to Promoter’s Marks are granted hereunder. (c) The contents of the Entry must not infringe third-party rights by including, for example, any copyrights, moral rights, trademarks, logos or products (such as company names, labels or symbols other than Promoter’s Marks, to the extent permitted hereunder) or images that have been created, distributed, aired or published by others, such as those on web sites, television, movies, or other media outlets. The Entry may not refer to public figures, contain materials embodying the name(s), likeness(es), photograph(s), and/or contain other identifying element(s) of any person(s) (living or dead) other than you, without obtaining prior written permission. (d) Each Entry must be your original creation, unpublished, and not previously submitted in any other promotion or commercial purposes. Modifying, enhancing or altering a third-party’s preexisting work does not qualify as your original creation. (e) You (or a parent or legal guardian if entrant is deemed a minor in the jurisdiction where he or she resides) agree to grant to Promoter a non-exclusive, irrevocable, royalty-free, sub-licensable and transferable worldwide licence, for any commercial and promotional purposes (without any consultation or additional permission, or compensation, credit or attribution) to use, re-use, reproduce, transmit, display, distribute, re-distribute, copy, store, modify, edit, adapt, translate, create derivative works based upon the Entry, in whole or in part, in all media, formats and channels now known or hereafter devised, for the duration of the rights in each country, area and space, and throughout the universe, in perpetuity and in all languages, formats and versions plus where required and appropriate, will obtain any necessary permissions and approvals to Promoter’s satisfaction.
7. CONTENT RESTRICTIONS: Each Entry cannot include (without limitation) the following:
- content providing personally identifiable information about yourself or any third parties, such as last name(s), address(es), phone number(s) or any contact information;
- content in violation of third-party rights including, but not limited to: copyrights, trademark, right of publicity or any other proprietary rights other than the use of the Promoter’s Marks as stated herein;
- content that is libelous, defamatory, disparaging or tortious;(collectively, “Prohibited Content”).
- content that denigrates disparages or reflects negatively on the Promoter, its products or its employees, or on any other person, company, product or service, or that disparages Promoter’s competitors.
- content that is pornographic, adult-oriented or sexually-explicit;
- content portraying or referring to lotteries or gambling;
- content portraying or including explicit or offensive language;
- content portraying or advocating violence;
- content portraying or advocating discrimination;
- content portraying or advocating illegal activities;
- content portraying or advocating tobacco, alcohol or drugs;
- content portraying or advocating dangerous stunts;
- content portraying or referring to weapons of any kind including, but not limited to, guns or bombs;
- content that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any basis protected by national, federal, state, or local law, ordinance, or regulation; and
- content that denigrates disparages or reflects negatively on the Promoter, its products or its employees, or on any other person, company, product or service, or that disparages Promoter’s competitors.
(collectively, “Prohibited Content”).
If an Entry includes Prohibited Content, the Entry will be disqualified, along with the Entrant who submitted it. The Prohibited Content is not intended to be exhaustive; Promoter may disqualify any Entry if it contains a photo or text that Promoter deems, in its sole discretion, to be offensive or obscene in any way or to not be in compliance with these Rules.Promoter reserves the right to post any Entry submitted in this Contest on its Web site, locations offering Bobbi Brown Cosmetics products, on any other Web site controlled by Promoter, and on social media. By submitting an Entry, you (or a parent or legal guardian if entrant is deemed a minor in the jurisdiction where he or she resides), hereby agree to grant the rights granted herein in and to the Entry to Promoter, its affiliates and agents, and forever release and hold Contest Parties, their respective affiliates and subsidiaries, and the officers, directors and employees of each of the foregoing, harmless from and against any liability of any kind arising from or in connection with any use of the Entry. By submitting an Entry, you agree that your submission is gratuitous, unsolicited and without restriction, and will not place Promoter under any obligations other than those contained in these Rules, and that Promoter is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any compensation to you. You further acknowledge that Promoter does not waive any rights to use similar or related ideas previously known to Promoter, or developed by its employees, or obtained from sources other than you. By submitting an Entry, you hereby warrant and represent that you have not included any Prohibited Content in the Entry and have not violated any of the requirements for Entries listed above.
Use of any automated system to participate is prohibited and will result in disqualification. If the Promoter suspects that an Entrant attempted to submit additional Entries by using multiple Accounts, identities or any other automated method, all Entries submitted by the Entrants will be declared null and void, and the Entrant may be disqualified from participation in the Contest at the Promoter’s sole discretion. Promoter is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which will be disqualified. In the event of a dispute as to the ownership of any Entry, the authorized account holder of the social media account used to enter will be deemed to be the Entrant. A potential winner may be required to show proof of being the authorized social media account holder. Promoter reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. The inclusion of an Entry or photo or video in the Promoter’s social media feeds or Web site(s) does not indicate that the Entrant who submitted it is a potential winner.
Entries will not be acknowledged and will not be received or held “in confidence” and a submission does not create a confidential relationship or obligation of secrecy between you and the Promoter or any of its affiliates. For any member of the public who shares the Entry: by sharing the Entry, you agree to post the Entry to promote this Contest only and not for any commercial purposes. Promoter reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. Promoter is under no obligation to disclose why an Entry has been disqualified other than the Entry was ineligible under these Rules. Furthermore, the Promoter reserves the right to not award a prize for a given entry period if, in its sole and absolute discretion, it does not receive a sufficient number of eligible and qualified Entries for a given monthly entry period.
8. JUDGING: Judging will be based on the following criteria: appearance (50%); suitability for marketing and publicity purposes in line with the brand image (30%); creativity of caption (10%); and expression of Entrant’s personality (10%).
A panel of judges from Bobbi Brown Cosmetics (the “Judges”) will determine the top scoring entries per Market for each monthly entry period (each, a “potential winner”). Each potential winner will be determined within seven (7) to ten (10) days after the conclusion of the applicable monthly entry period.
The decisions of the Judges are final and binding on all matters relating to selection of all winners.
TIES: In the event of a tie, the Entry that received the highest score for appearance from among the tied Entries will be declared the winning Entry. In the event of a further tie, the Entry that received the highest score for suitability for marketing and publicity purposes will be declared the winning Entry. In the event of a further tie, the Promoter will determine the winner based on the apperance o the winner Entry.
9. PRIZES & APPROXIMATE RETAIL VALUES (“ARV”): For the exception of the Canada and 50 United States Markets, a total of six (6) prizes will be awarded for each Market for both monthly entry periods. One (1) prize will be awarded for both monthly entry periods in Canada and a total of two (2) prizes will be awarded for both monthly entry periods in the 50 United States. There will be a total of thirty six (36) prizes awarded for each monthly entry period; for a maximum total of seventy two (72) prizes for both monthly entry periods. Each winner will receive a collection of products from Bobbi Brown Professional Cosmetics. At Promoter’s sole discretion, prizes will be awarded as products shipped directly to each winner’s primary residence or in the form of a gift card to be used towards purchasing the products, including Bobbi Brown Perfect Skin foundation, in the country associated with the winning entry. Selection of products mailed to any winner is at Promoter’s sole discretion. Any prize awarded as a gift card will be awarded as an e-gift card or actual Bobbi Brown gift card. All values are in U.S. currency and range from $500 to $1,000 depending on any national restrictions on prize value based on the location of a winner and product value at time prizes are awarded. Prizes are non-transferable and no substitution by any winner or cash equivalent is allowed. The Promoter reserves the right to substitute a prize with another prize of equal or greater value in its sole discretion. Limit: One (1) prize per person or household.
10. WINNER DETERMINATIONAND NOTIFICATION: A message to potential winner will be private messaged through the social media account used to submit Entry (“prize notification”) will be sent to potential winner within 10-13 days from the conclusion of the monthly entry period the potential winning entry originated. Each potential winner must also be able to receive calls from an unlisted/blocked number and have access to an internet connection to receive emails from the Promoter and/or its designated agent. Each potential winner will be required to respond to the prize notification within four (4) days of receipt of such notification in order to receive an Affidavit of Eligibility/Liability and Publicity Release (“Affidavit”) or a Declaration of Eligibility/Liability and Publicity Release (“Declaration”) which must be completed, signed and returned to Promoter or its designated agent within three (3) days of prize notification deployment. All federal, national and local taxes or other expenses relating to the prize won, acceptance and possession of prize are the sole responsibility of each applicable winner. Any potential winner from the United States will be required to complete and submit a W-9 Form to Administrator prior to the awarding of any prize and an IRS form 1099 will be filed in the winner’s name for the value of the prize won. If a potential winner’s social media account is deactivated or the “protected mode” is set so that the potential winner’s updates/responses may not be visible to Promoter; or if the Affidavit (or Declaration) or a prize notification is not returned within the specified time period stated herein or returned as undeliverable; or if a potential winner is otherwise found to be ineligible per these Rules; or if a potential winner cannot accept the prize for any reason, then such potential winner will automatically forfeit all rights to the prize and, at the Promoter’s sole discretion, an alternate winner based on the next highest scored Entry received for the Monthly Entry Period/Market in which the disqualified winner originated may be notified. Attempts may be made to notify up to three (3) alternate winners for the unfulfilled prize; after which the unfulfilled prize will not be awarded.
11. PUBLICITY: Except where prohibited by law, entry and acceptance of prize constitute explicit consent and permission for Promoter and its agents to use each winner's name, prize won, Entry (including post(s) and caption), hometown, likeness, photographs, and statements for purposes of advertising, the Contest and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
12. RELEASE: As a condition of entry into the Contest, all Entrants (or a parent or legal guardian if entrant is deemed a minor in the jurisdiction where he or she resides) agree to release and hold harmless the Promoter, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents, social media entity (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of the prize.
13. GENERAL TERMS AND CONDITIONS: Promoter reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Promoter’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Promoter in its absolute and sole discretion. In such event, Promoter reserves the right to award the prize [per the winner determination procedures in these Rules] from among the eligible Entries received up to the time of the impairment. Promoter reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest, or to be acting in violation of the Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law. Promoter’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
14. LIMITATION OF LIABILITY: Nothing in these Rules excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Rules would contravene any statute or cause any part of these Rules to be void. ("Non-Excludable Guarantees"). Subject to the limitations in the preceding sentence: the Released Parties are not responsible for and exclude all liability whether arising in tort (including, without limitation, negligence), contract or otherwise in respect of: (1) incorrect or inaccurate information, whether caused by Entrants, publishing errors, or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any other loss or damage (including, without limitation, loss of opportunity or loss of profits) whether direct, indirect, special or consequential arising in any way out of the Contest, including (without limitation) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of a prize (if determined a winner).
15. DISPUTES: Except where prohibited, Entrant (or a parent or legal guardian if entrant is deemed a minor in the jurisdiction where he or she resides) agrees that: (1) any and all disputes, issues, claims and causes of action arising out of or connected with this Contest or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for New York City or the appropriate New York State Court located in New York City, New York, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ or legal fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and subject to any compensatory damages for a breach of a Non-Excludable Guarantee, Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and/or questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the Entrant and Promoter in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New York, U.S.A. or any other jurisdiction.
16. WINNERS LIST: To request a winners list (available after June 30, 2017), please mail your request in an envelope by May 31, 2017 to: Win Perfect Skin Contest Winners c/o: Ventura Associates Intl LLC, Dept. DE, 60 East 42nd Street, Ste. 650, NY, NY 10165, USA.
17. ADMINISTRATOR: Ventura Associates International LLC, 60 East 42nd Street, Suite 650, New York, NY 10165, USA.
This Contest is in no way promoted, endorsed or administered by, or associated with any social media entity, including but not limited to: Facebook, WeChat, Weibo, YouTube, Twitter® or Instagram®. Any questions, comments or complaints regarding the Contest must be directed to the Promoter or Administrator, and not to any social media entity.