Official Rules
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT AFFECT OR IMPROVE THE CHANCES OF WINNING. The Contest is subject to all applicable laws and regulations. Void where prohibited or restricted by law.
2. Sponsor: Sephora USA, Inc., 525 Market Street, 32nd Floor, San Francisco, CA 94105 (“Sephora”).
3. Eligibility: To be eligible for the Contest, you must be a legal resident of the United States (excluding Arizona, Puerto Rico, Guam and all other U.S. and foreign territories and possessions), at least 15 years of age as of the date of entry, a Facebook member and a “Fan” on Sephora’s Facebook Page (no purchase or fee is necessary to become a member of Facebook or a Fan on Sephora’s Facebook Page ). Eligible minors must obtain their parent’s or legal guardian’s consent before participation. The Contest is not open to employees, independent contractors, officers, directors or agents of Sephora or any of their parents, affiliates, subsidiaries, successors and/or assigns, Sephora’s advertising, promotion and fulfillment agencies, and legal advisors, and the immediate family members (mother, father, brother, sister, daughter, son or spouse, regardless of where they live) and persons living in the same household (whether or not related) of any of the foregoing (collectively with Sephora, the “Contest Entities”).
4. Contest Entry Period: The Contest Entry Period begins on December 11, 2008 at 10:00 a.m. Pacific Time (“PT”) and ends December 17, 2008 at 11:59 p.m. PT. All entries must be submitted to Sephora’s Facebook Page as described in Paragraph 5 below by the expiration of the Contest Entry Period. Sephora is not responsible for late or misdirected entries, including without limitation entries not timely received due to Internet failures or disruptions, ISP problems or other technical problems with the submission of the Contest Photo Entry.
5. Entry Method: To enter, visit www.facebook.com/sephora and submit your Contest Photo Entry (described below) by adding your Contest Photo Entry as a “Fan Photo” on Sephora’s Facebook Page and tagging the photograph with the label “Facebook Fan Photo Look-Alike Contest”. Your Contest Photo Entry must be a photograph of yourself, re-creating one of the four Mistletoe Makeover eGreeting looks. Your Contest Photo Entry must comply with all the Content Restrictions listed in Paragraph 6 below. Only one entry per person/Facebook User. Use of multiple Facebook User accounts to enter is prohibited. Failure of your Contest Photo Entry to comply with these requirements, as determined by Sephora in its sole discretion, will result in disqualification.
6. Contest Restrictions: It is important to Sephora that you do not submit or post anything that is offensive or violates any third party’s rights. Therefore, the Contest Photo Entry must not contain or reference any of the following:
• Any person other than you;
• Names or identifying information of any person other than you;
• Nudity, lewd, vulgar, indecent or obscene images (as determined in Sephora’s sole discretion);
• Material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights;
• Material that is copyrighted, trademarked, protected by trade secret or otherwise subject to a third party’s proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material;
• Depiction of defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group);
• Third-party trademarks, names or logos; or
• Material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Contest Photo Entry is created.
Sephora may, in its sole discretion, disqualify any Contest Photo Entry that does not comply with these Content Restrictions or that Sephora otherwise deems to be inappropriate in its sole discretion. In the event of disqualification, the Contest Photo Entry will not be judged or considered for a prize.
7. As a condition of entering this Contest , you warrant and represent (or, if you are a minor, your parent or legal guardian warrants and represents) to the Contest Entities the following:
THAT YOU OWN ALL RIGHTS TO THE CONTEST PHOTO ENTRY;
THAT YOU ARE THE INDIVIDUAL IN THE CONTEST PHOTO ENTRY; AND
THAT THE CONTEST PHOTO ENTRY: (a) IS YOUR ORIGINAL WORK AND HAS BEEN LEGALLY OBTAINED AND CREATED; (b) DOES NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS, OR REGULATIONS; (c) HAS NOT BEEN ENTERED IN OR WON PREVIOUS CONTESTS OR AWARDS; AND (d) HAS NOT BEEN PUBLISHED PREVIOUSLY IN ANY MEDIUM (OTHER THAN ON A WEBSITE WHERE YOU RETAIN ALL RIGHTS TO USE, MODIFY AND REMOVE THE CONTEST PHOTO ENTRY).
As a further condition of entering the Contest, you (or, if you are a minor, your parent or legal guardian):
• irrevocably grant(s) to Sephora the unconditional and perpetual right to copyright (as appropriate), encode, store, copy, transmit, publish, post, display, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), your name and Contest Photo Entry (as submitted or as modified in any way by Sephora in Sephora’s sole discretion) in any media throughout the world, including but not limited to, on Sephora’s Facebook Page (at www.facebook.com/sephora), on Sephora’s blog (at www.blog.sephora.com), and on Sephora’s website (at www.sephora.com), for any purpose, and without additional review, compensation, or approval from you or any other party;
• forever waive(s) any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude Sephora’s use of your Contest Photo Entry, or require your permission for Sephora to use your Contest Photo Entry for any purpose, and agree to never sue or assert any claim against Sephora for its use of your Contest Photo Entry;
• acknowledge(s) and agree(s) that, if your Contest Photo Entry is chosen as a Finalist (as defined in Paragraph 8 below), you will execute an Affidavit of Eligibility and Liability/Publicity Release, in which you will irrevocably assign and transfer to Sephora any and all rights, title and interest in the Contest Photo Entry, including, without limitation, all copyrights, and waive all moral rights in your Contest Photo Entry;
• release(s) and agree(s) to indemnify and hold the Contest Entities harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), due to or arising out of your participation in this Contest, or your conduct during and in connection with this Contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation. If your Contest Photo Entry is chosen as a Finalist (as defined in Paragraph 8 below), you will be required to confirm this release and agreement to indemnify in an Affidavit of Eligibility and Liability/Publicity Release; and
• agree(s) to release and indemnify and hold harmless the Contest Entities from any and all claims that any commercial, advertising, presentation, Web content or any other material subsequently produced, presented, and/or prepared by or on behalf of the Contest Entities infringes on the rights of your work as contained in any Contest Photo Entry.
8. Winners will be selected as follows:
(“Step 1”) Selection of Finalists By Sephora. Six (6) to nine (9) finalist (“Finalist”) Contest Photo Entries will be selected by Sephora from the eligible Contest Photo Entries based on the following criteria: 50% originality and 50% creativity (the “Judging Criteria”). The decisions of Sephora in selecting the Finalists, including the number of Finalists, will be final. The Finalists will be notified by Sephora via a message sent to their Facebook account and will be required to submit to Sephora within 48 hours of Sephora’s notification an Affidavit of Eligibility and Liability/Publicity Release and, if requested by Sephora, the Finalist’s Contest Photo Entry in .jpg format. If a Finalist fails to respond to Sephora’s message and/or submit the required materials by the deadlines, such Finalist will be disqualified and another Finalist will be selected in her place.
(“Step 2”) Selection of Grand Prize Winners by Online Voting. Between 10:00 a.m. PT on December 22, 2008 and 11:59 p.m. PT on December 28, 2008 (the “Voting Period”), the Finalists’ Contest Photo Entries will be posted on Sephora’s Facebook Page (at www.facebook.com/sephora) for online viewing and voting. Voting is limited to Facebook Users who are Fans of Sephora’s Facebook Page; only one vote per Facebook User during the Voting Period. Facebook Users may need to add the Facebook voting application to participate in voting. Sephora reserves to take any actions relating to the voting in Sephora’s sole discretion to ensure the fair administration and proper conduct of this Contest. The top three (3) Finalists receiving the greatest number of votes during the Voting Period (as reported by the Facing voting application) will be selected as a grand prize winner. In the case of a tie, Sephora will determine which of the tying Finalists will be selected as a grand prize winner based on the Judging Criteria. The grand prize winners will win the Grand Prize. If an eligible minor is confirmed as a grand prize winner, the prize will be awarded in the name of the minor’s parent or legal guardian.
Sephora reserves the right to make changes to the selection process and schedule as Sephora determines (in its sole discretion) to be in the best interest of the fair administration or proper conduct of this Contest.
9. Three (3) Grand Prizes will be awarded. Each Grand Prize carries an approximate retail value of $500, and consists of a Sephora traincase designed by either Pink Sugar, Smashbox or Laura Geller, filled with an assortment of products from that brand (exact traincase and specific products to be selected in Sephora’s sole discretion).
Prizes are non-refundable and non-transferable, cannot be combined with any other special offer or promotion and must be accepted as awarded. Prizes may not be exchanged for cash value or substituted, except that Sephora reserves the right in its sole discretion to substitute with either the cash value of the applicable prize that would otherwise have been awarded, or a prize or prizes of equal or greater value. Applicable federal, state, or local taxes and any other costs or expenses associated with the prizes are the sole responsibility of the winner. There will be no other prizes. All prizes will be awarded. Total approximate retail value of all prizes is $1,500. Prizes will be delivered to confirmed winners to a valid U.S. address.
10. By participating in the Contest, you agree (or, if you are a minor, your parent or legal guardian agrees) to comply with these official rules and that Sephora is not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error that may occur in the processing of submissions in the Contest. Sephora assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of, the web site or any technical failure or malfunction.
IN NO EVENT WILL ANY CONTEST ENTITY BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE CONTEST, ANY PRIZES WON, YOUR ACCESS TO OR USE OF ANY OF SEPHORA’S WEBSITE OR THE FACEBOOK WEBSITE (INCLUDING SEPHORA’S FACEBOOK PAGE), OR THE ACCESSING, UPLOADING, DOWNLOADING AND/OR PRINTING OF ANY MATERIAL AVAILABLE ON SAID SITE(S). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THESE WEB SITES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
11. If, for any reason, the Contest is not capable of running as planned because of circumstances including, but not limited to, unauthorized intervention, fraud, technical failures, Internet failures and disruptions, and ISP problems, or any other causes, which, in Sephora’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, Sephora reserves the right, in its sole discretion and determination of fairness, to cancel, terminate, modify or suspend the Contest and to select a winner from entries received prior to such action, in accordance with these official rules. Sephora may disqualify any entrant who tampers with the entry process, operation of the Contest, or violates these official rules.
12. By registering to enter the Contest, you acknowledge that you have (or, if you are a minor, your parent or legal guardian has) read, understand and will abide by these official rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of you or Sephora in connection with the Contest, shall be governed by and construed in accordance with, the laws of the State of California, without regard to the conflict of laws principles.
13. For a list of names of winners, send a self-addressed stamped envelope for receipt by June 30, 2009 to: “Facebook Fan Photo Look-Alike Contest,” Sephora USA, Inc., 525 Market Street, 32nd Floor, San Francisco, CA 94105. Vermont residents may exclude stamp on return envelope.
14. The personal information collected from you in the course of the Contest will be used by Sephora for the purposes of administration of the Contest.
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