OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. FEKKAI SWEEPSTAKE: How to Enter: Beginning June 3rd 2013, at 11:00 a.m. (ET) through June 30, at 11:59 p.m. (ET) (“Contest Period”) to enter go to www.elizabethstreet.com/instagram/instamom.php or www.instagram.com/elizabethstmom and follow the full on-screen instructions and load on Instagram a photo depicting your interpretation of “Summer Family Travel”. Winner Selection: One (1) Grand Prize Winner comprising of one (1)Summer hair care products from Fekkai, including Fekkai Summer Hair Cooling Shine Mist, Fekkai Summer Hair After Sun Daily Mask, Fekkai Summer Hair Smooth Sailing Anti-Frizz Cream, Fekkai Large Round Brush, Fekkai Salon Technician Color Care Shampoo and Conditioner valued at $190, will be selected from among all eligible entries received on or about June 30th, 2013. Ten (10) Runner ups will be awarded a travel-friendly bundle of Fekkai Salon Technician Color Care Shampoo (2 oz.), Fekkai Brilliant Glossing, Conditioner (2 oz.) and our Fekkai Brilliant Glossing Cream (1.6 oz).Drawing will be conducted by Elizabeth Street, LLC (the “Sponsor”) whose decisions are final. Odds of winning will depend upon the total number of eligible entries received. Prizes & Approximate Retail Value: One (1) Fekkai summer hair product suggested retail price of $200. Winner will be notified via www.elizabethstreet.com/instagram/instamom.php at Sponsor’s discretion, on or about June 30th, 2013. Winners’ List: For winners’ names, send a separate, self-addressed, stamped envelope to “Instamom June” c/o Elizabeth Street Media LLC, 531 West 25th Street, 3rd Floor East, New York, NY 10001 by March 4th, 2013.
2. ELIGIBILITY: The Fekkai Sweepstake (“Sweepstake” or “Contest”) is open to legal residents of the United States, age 18 years or older at the time of entry. Void where prohibited by law. Employees and members of their immediate families and households of the Sponsor, its subsidiaries, affiliated companies and anyone involved in the production, development or handling of this Contest are not eligible to participate. All federal, state, and local laws and regulations apply.
3. ENTRIES: There are no limits to entries and each participant can enter an unlimited number of unique photos depicting the things participant “Love.” Entries using macro, robotic, script, or other forms of automatic entry will be disqualified. Entries become the property of the Sponsor and Vosges and will not be returned. Proof of submission does not constitute proof of receipt. If there is a dispute as to the identity of entrant, the prize will be awarded to the authorized account holder of the e-mail address. The “authorized account holder” is defined as the natural person to whom the e-mail address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entries may not include: (a) any copyrighted material including but not limited to images, copy, trademarks, logos, or trade dress (such as distinctive building exteriors), look-alikes of celebrities or other public or private figures living or dead, or profanity, nudity or material deemed offensive to the judges; (b) third party trademarks which suggest affiliation with any trademark owner without permission of such owner or that dilute the value of any trademark; (c) act which is dangerous or harmful to person or property or suggests/depicts any person to undertake a dangerous activity; or (d) obscene, indecent, violent, sexually explicit, abusive, discriminatory, racially inflammatory or other morally or legally objectionable depictions of material, in the opinion of the judges or the Sponsor. If an entry includes any of the prohibited elements listed above, the entry will be disqualified, along with the contestant who submitted it. Entry may not have earned a prize in a previous contest or competition. Sponsor reserves the right to modify or reject any entry, in their sole discretion, that does not meet the above criteria. Once submitted, an entry cannot be modified. BY SUBMITTING AN ENTRY, CONTESTANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE AND EDITED, IN SPONSOR’S DISCRETION. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS SWEEPSTAKES, EACH ENTRANT ACKNOWLEDGES THAT HIS OR HER FIRST NAME, LAST INITIAL AND HOMETOWN MAY BE ANNOUNCED ONLINE. ENTRANT FURTHER HEREBY ACKNOWLEDGES AND AGREES THAT: (i) THE ENTRANT HAS OPTED-IN TO SPONSOR PRIVACY POLICY AND TERMS AND CONDITIONS OF USE LOCATED AT https://www.elizabethstreet.com/node/93 (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO SPONSOR PRIVACY POLICY AND TERMS AND CONDITIONS OF USE LOCATED AT http://www.vosgeschocolate.com/privacy. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF S/HE IS CHOSEN AS AN ACTUAL PRIZE RECIPIENT, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES (AT LEAST AS REQUIRED BY LAW), INCLUDING, WITHOUT LIMITATION, ON AN ONLINE PAGE LISTING PRIZE RECIPIENT.
4. ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older. Void in Puerto Rico and where prohibited by law. Employees of Sponsor, its parents, affiliates, and subsidiaries, participating advertising and promotion agencies, and prize suppliers (and members of their immediate family and/or those living in the same household of each such employee) are not eligible.
5. SELECTION OF ENTRIES: A panel of judges comprised of Sponsor staff will review all entries, the panel in its own discretion will select the winner. The judges will review the submissions in their own absolute discretion.
6. CONDITIONS OF PARTICIPATION: In order to enter the Contest, you must complete the on-screen instructions, and submit a photo on Instagram using the hastag #ESInstamom, tag @elizabethstmom and select the public option for each photo submitted. If you fail to complete the on-screen instructions, or to submit a photo on Instagram using the hastag #ESInstamom, tag @elizabethstmom and make sure photos are public, your photo will not be chosen by the Sponsor. Entries generated by script, macro or other automated means are void, as are entries that are illegible, garbled, incomplete or that contain errors. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. Entrants must follow all of the instructions requested and have a valid instagram account, and it is entrant’s responsibility to update Sponsor of any change in instagram account. Expenses not specifically included in prize description and all taxes are the sole responsibility of the winner. Each prize is awarded “as is” with no warranty or guarantee, either express or implied, outside of manufacturer’s limited warranty. No transfer, assignment, or substitution of a prize permitted, except Sponsor reserves the right to substitute for prize an item of equal or greater value in the event an advertised prize is unavailable. All federal, state, provincial, and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest. Winner will be required to sign and return an Affidavit of Eligibility, a Liability Release, and, where legally permissible, a Publicity Release within 7 days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Winner hereby further agrees that he/she will sign any documents necessary to transfer copyright of the entry to Sponsor within 7 days following the date of first attempted notification. Acceptance of the prize constitutes permission for Sponsor and its agencies to use winner’s name and/or likeness, biographical material, and/or entry (including an altered form of the entry) for advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting prize, winner agrees to hold Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Contest or acceptance or use of the prize. Sponsor is not responsible for any printing, typographical, mechanical, or other error in the printing of the offer, administration of the Contest, or in the announcement of the prize.
7. INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware, or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the internet or at any website or any combination thereof. If for any reason the internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Contest. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in a Contest if it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices or intending to abuse, threaten, or harass other entrants. Caution: Any attempt by a participant to deliberately damage any Website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.
8. ACCEPTANCE OF THE PRIZE. Acceptance of prize constitutes permission to the Sponsor and its designees to use winner’s name (including Instagram name), city, state, likeness, voice, biographical information and statements for purposes of advertising, promotion and publicity in any and all media, now or hereafter known, throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law. By participating, each participant (i) agrees to release and hold Sponsor, its parent, affiliates, subsidiaries, and advertising and promotion agencies, and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”), harmless against any and all claims and liability arising in whole or in part, directly or indirectly, out of participation in the Contest or misuse, nonuse or use of any prize (including any travel or activity related thereto); (ii) waives all rights to claim punitive, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to enter; and (iii) agrees to be bound by these Official Rules. Released Parties are not responsible for incomplete, lost, late, damaged, inaccurate, illegible, misdirected, garbled, delayed or undelivered entries or referrals; or for technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit an individual’s ability to participate. Sponsor reserves the right in its sole discretion, to cancel, suspend or modify the Contest, or to disqualify any implicated entrant(s), (and their entries) if any fraud, virus, actions by entrants, technical or other error or problem, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Contest, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor reserves the right, at their sole discretion, to award the prize in a random drawing from among all eligible, non-suspect entries received up to the time of the event or action warranting such cancellation. In the event this Contest is cancelled prior to the stated end date, a notice will be posted at www.Elizabethstreet.com/instagram/instamom. CAUTION: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law, including criminal prosecution. In the event of such a dispute or in the event a potential winner entered via internet and a dispute arises regarding a specific individual entitled to receive a prize, entries made by internet will be declared made by the authorized account holder of the email address submitted at the time of entry and any damage made to the web site will also be the responsibility of the authorized account holder. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Released Parties are not responsible for any technical, mechanical, printing, typographical, human or other error relating to or in connection with the Contest, including, without limitation, errors which may occur in the administration of the Contest, the processing of entries, the announcement of the prize or in any Contest-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest.
9. DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; (3) no punitive, incidental, special, consequential, or other damages, including without limitation lost profits, may be awarded (collectively, “Special Damages”); and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York State law, without reference to New York’s choice of law rules, governs the Contest and all aspects related thereto.
10. SPONSOR: The Sponsor of this Contest is Elizabeth Street LLC, 531 West 25th Street, 3rd Floor East, New York, NY 10001