RIMMEL LONDON STAY GLOSSY BLOGGER CONTEST
To enter this Contest, you must agree to and abide by these Official Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS, VALID E-MAIL ACCOUNT, FACEBOOK ACCOUNT, TWITTER ACCOUNT, INSTAGRAM ACCOUNT AND PINTEREST ACCOUNT REQUIRED. VOID WHERE PROHIBITED.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or Pinterest. You understand that you are providing your information to Coty US LLC and not to Facebook, Twitter, Instagram or Pinterest. Any questions, comments or complaints regarding the Promotion are to be directed to Coty US LLC, not to Facebook (or any of the other referenced social media entities).
1. Sponsor: Coty US LLC, 1 Park Avenue, 4th floor, New York, NY 10016.
- 2. Administrator: LeadDog Marketing Group, 159 W. 25th Street, 2nd Floor, New York, NY 10001.
- 3. Eligibility: The “Rimmel London Stay Glossy Blogger Contest” (“Contest”) is open only to the ten (10) bloggers who received a non-transferable invitation directly from Glam Media and Sponsor to participate in the Contest. IF YOU ARE NOT ONE OF THESE TEN (10) PERSONS, DO NOT PROCEED WITH THE CONTEST AS IT IS NOT DIRECTED TO YOU. For the avoidance of doubt, members of the general public are NOT eligible for the Contest. Void outside of 50 U.S./D.C. and where prohibited by law. During Entry Period #1, the ten (10) bloggers must complete an Affidavit of Eligibility, Release and Indemnification, a Publicity Release (where lawful) and Background Check Application. If any documents are not returned to Sponsor/Administrator by 11:59:59 am ET on 11/20/12 or if Sponsor/Administrator determine based on the background check that the individual is not appropriate then such individual will be disqualified.
- 4. Contest Entry/Contest Structure: The Contest begins on or about 12:00:00 pm Eastern Time (ET) on 11/16/12 and ends 11:59:59 am ET on 1/4/13, as more fully set forth in the chart below (“Promotion Period”). Sponsor’s computer is the official clock for this Contest.
|Periods||Start Date||End Date|
|Entry Period #1||12:00:00 pm ET on 11/16/12||11:59:59 am ET on 11/20/12|
|Judging Period #1||12:00:00 pm ET on 11/20/12||11:59:59 am ET on 11/21/12|
|Finalist Entry Period #1||12:00:00 pm ET on 11/21/12||11:59:59 am ET on 11/28/12|
|Finalist Entry Period #2||12:00:00 pm ET on 11/21/12||11:59:59 am ET on 12/4/12|
|Finalist Entry Period #3||12:00:00 pm ET on 11/21/12||11:59:59 am ET on 12/11/12|
|Finalist Entry Period #4||12:00:00 pm ET on 11/21/12||11:59:59 am ET on 12/18/12|
|Public Voting||12:00:00 pm ET on 11/29/12||11:59:59 am ET on 1/4/13|
BY ACCEPTING SPONSOR’S INVITATION TO PARTICIPATE IN THE CONTEST, YOU ARE AGREEING TO THESE OFFICIAL RULES.
As used herein, “Entry” refers to any and all materials created by an Entrant/Finalist in participating in the Contest.
A. Entry Period #1 – Preliminary Round
The ten (10) eligible persons will each receive from Sponsor/Administrator all twenty-four (24) shades of the Stay Glossy lipgloss product (Approx. Retail Value: $119.76).
The objective of Entry Period #1 is to use the Stay Glossy lipgloss product as the inspiration to create their own “look” for an occasion as designated by Sponsor. Each entrant must use at least one (1) shade of Stay Glossy lipgloss to create their “look.”
After creating their “look”, entrant must take (or have taken) three (3) unaltered photos of the “look”:
- Head-to-toe shot.
- Close-up shot of face.
- Close-up shot of lips.
Entrant must then e-mail the three (3) photos to the provided e-mail address along with a short statement (no more than 250 words) describing how they developed their “look,” including the shade(s) of Stay Glossy lipgloss used and how they were used (e.g., mixing and matching, layering), the items comprising their outfit (for head-to-toe shot), and how they fixed their hair and make-up. In addition, entrant must submit a photo of herself as of 11/16/12, with the understanding that the photo will be used by Sponsor for commercial purposes (via social media).
All entries must be submitted via e-mail for receipt by 11:59:59 am ET on 11/20/12.
B. Judging Period #1
All Eligible Entries received and recorded during Entry Period #1 will be judged by a panel of judges as determined by Sponsor. Eligible Entries will be judged based on the following equally weighted criteria: (a) creativity of occasion response, (b) quality of occasion response (including relevance of response to occasion), (c) extensiveness of entrant’s social community. Only the five (5) entrants with the highest scores will be deemed Finalists and will advance to the Final Round in the Contest.
C. Finalist Entry Periods – Final Round
For each of the four (4) Finalist Entry Periods, Finalist must use Stay Glossy lipgloss as the inspiration to create their own “look” for each of two (2) occasions, per week for a total of four (4) weeks totaling eight (8) “looks” designated by Sponsor. For Finalist Entry Period #1, Finalist will only need to create a new “look” for one (1) occasion as the “look” submitted in Entry Period #1 will count as one of the Finalist’s “looks” in Finalist Entry Period #1. Again, for each “look”, Finalist must use at least one (1) different shade of Stay Glossy lipgloss.
For each of the four (4) Finalist Entry Periods, Finalist must submit the following materials and/or do the following for each of the two (2) occasions:
Step 1. Take a head-to-toe shot, close-up shot of face and close-up shot of lips and submit to Sponsor along with a short statement (no more than 250 words) describing how you developed your “look”, including the shade(s) of Stay Glossy lipgloss used and how they were used (e.g., mixing and matching, layering), the items comprising your outfit (for head-to-toe shot) and how you fixed your hair and make-up. [Note: Description must be materially different for each “look”.] Any lip gloss used to create a “look” must be Rimmel London Stay Glossy lipgloss. “Look” and description cannot include brands that are directly competitive with Rimmel London.
Step 2. Publish a blog post about your “look” and submit link to blog post to Sponsor. Blog post needs be the same as description submitted as per Step 1, but must include the head-to-toe shot, close-up shot of face and close-up shot of lips used in Step 1. Blog post must also include the following text at the bottom:
I have been compensated by Coty US LLC (Rimmel London US) for making these statements regarding its products.
Step 3. Pinterest. Upload two (2) pins, with the hashtag #StayGlossy which relate to your “look” to your Pinterest account. One (1) of these pins must include the head-to-toe shot and close-up shot of lips used in Steps 1 & 2.
Step 4. Twitter. Send a tweet with the hashtag #StayGlossy and @RimmelLondonUS. Depending on specific instructions of Sponsor, tweet must also include one or more of the following: link to head-to-toe shot, link to blog post, link to application on the official Rimmel London US Facebook page (www.facebook.com/RimmelLondonUS) where persons can vote for their favorite “looks”, as discussed below.
Step 5. Instagram. Upload your head-to-toe shot to your Instagram account, including the hashtag #StayGlossy and @RimmelLondonUS.
Step 6. Facebook. Upload your head-to-toe shot to your Facebook page and include @RimmelLondonUS.
FOR EACH OCCASION, ALL SIX (6) REQUIRED ACTIONS MUST BE COMPLETED BY THE APPLICABLE FINALIST ENTRY PERIOD DEADLINE; SEE CHART ABOVE. IN ADDITION, FOR STEPS 1 AND 2, FINALIST MUST SUBMIT REQUIRED MATERIALS DIRECTLY TO SPONSOR BY APPLICABLE DEADLINE.
D. Contest Entry Restrictions
Step 5 (Instagram) requires use of a wireless mobile device; and, if you choose, you may use a wireless mobile device to otherwise participate in the Contest. Use of wireless mobile device is only available with participating wireless carriers; and, data rates may apply in conjunction with use of your handset to upload content, send messages or engage in other Contest activities, according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.
RESTRICTIONS ON CONTENT OF ENTRY:
In participating in the Contest, Finalist must comply at all times with the terms, policies and community guidelines of all social media channels used.
ENTRANT REPRESENTS AND WARRANTS THAT SHE USED SPONSOR’S STAY GLOSSY PRODUCT IN ACCORDANCE WITH ITS USAGE INSTRUCTIONS AND THAT THE PHOTOS OF THE “LOOK” REPRESENT ENTRANT’S ACTUAL EXPERIENCE IN USING THE PRODUCT. ANY RE-TOUCHING OR MANIPULATION OF PHOTOS WILL RESULT IN DISQUALIFICATION.
Entrant further warrants and represents that she has fully complied with these Official Rules and that entrant entry: (1) does not violate any law or regulation; (2) does not violate or infringe any right of any third party, including but not limited to intellectual property rights, such as but not limited to rights of copyright, trademark or patent, or rights of publicity or privacy (without in any way limiting the preceding, entrant represents and warrants that she has obtained written permission from the photographer if not herself. Upon Sponsor’s request, winner must submit proof of obtaining such consent); (3) is not defamatory, slanderous, libelous or obscene; (4) is entirely entrant’s own original work (DO NOT SEEK ASSISTANCE FROM PROFESSIONAL STYLISTS OR OTHER PERSONS IN CONJUNCTION WITH CREATING A “LOOK” AND PARTICIPATING IN THE CONTEST) and entrant owns or controls all right, title and interest in the entry, including but not limited to its copyright; (5) has not been submitted in any other competition or contest; (6) does not contain any virus, bugs, or other deleterious material; (7) does not contain the trademark, tradename or logo of any third party (but may contain a trademark, tradename or logo of the Sponsor*); (8) does not name, depict or describe any person (living, dead, or fictional) other than the entrant; (9) without limiting the foregoing, does not contain any material that is protected by copyright other than the copyright owned exclusively by the entrant. Entries may not (and Sponsor and Administrator reserve the right to disqualify any Entries that (as applicable) do): 1) include nudity or what Sponsor, in its sole discretion, consider to be obscenity, pornography, racially offensive, sexually explicit, and/or offensive language/content, hate speech or drug usage; 2) disparage Sponsor or any other party, including brands or trademarks other than those of Sponsor; 3) contain acts of violence or aggression; 4) include firearms or other weapons, consumption of alcohol beverages, or illegal conduct; 5) include personal information (such as, e-mail address, telephone number) of entrant. If an entry (or any part thereof) is unable to be viewed or accessed by Administrator for any reason whatsoever, that entry (or part of an entry) will not be accepted. The sole liability of Released Parties (as defined below) in conjunction with such unacceptable entry (or part of an entry) will be provision of the opportunity to such Entrant/Finalist to re-submit such entry (or part of an entry) if feasible and, if not feasible (as determined by Sponsor/Administrator in their sole discretion), then Released Parties will have no liability in connection therewith.
*Sponsor grants to entrants the limited, non-transferable right to use its trademarks solely for purposes of participating in this Contest; such right will expire at the end of the Contest. Any other use of Sponsor’s trademarks will be considered a violation of Sponsor’s intellectual property rights.
ENTRANTS’ GRANT OF RIGHTS IN CREATIVE MATERIALS:
Once submitted, any and all creative materials become the sole property of Sponsor, cannot be modified by entrant. By submitting creative materials, entrant gives permission (and warrants and represents that she has obtained all rights necessary to give such permission, including from the photographer, if other than entrant [if applicable]) to Sponsor and its designees and hereby grants Sponsor and its designees a royalty-free, irrevocable, perpetual, worldwide, sublicensable, non-exclusive license to post entrant’s creative materials, name (first name, last initial), likeness and all other information about the entrant contained in the creative materials/entry on the World Wide Web, and to otherwise use entrant’s creative materials/entry, name, likeness and all other information about the entrant in the creative materials/entry without compensation in accordance with the requirements of this Contest and the advertising, promotion, and publicity of the Contest, and otherwise, as stated in these Official Rules (as solely determined by Sponsor). Such Grant of Rights will be confirmed by entrant upon Sponsor’s request and entrant agrees to sign any and all necessary confirming documents without compensation of any kind (other than Stay Glossy product received in the Preliminary Round and the prize(s) received by entrant, if any).
5. PUBLIC VOTING.
Sponsor/Administrator will post each five (5) Finalist’s head-to-toe shot, close-up shot of face and close-up shot of lips for each of the two (2) occasions on the Rimmel London US Facebook page for purposes of public voting. The “trilogy” of photos for all Finalists (for each occasion) will be posted contemporaneously, following the applicable Finalist Entry Period deadline. Once posted after a given Finalist Entry Period, Finalists’ photos will remain posted for the duration of the public voting period. Sponsor/Administrator disclaim any liability in conjunction with the posting of Finalists’ photos, including the quality of such photos, with the understanding that Finalists’ photos may be presented in any order, pattern or format of Sponsor’s sole choosing and that such order/pattern/format may be modified by Sponsor one or more times. Further, Finalists understand and agree that Sponsor/Administrator will determine the manner in which photos are attributed to Finalists in their sole discretion.
As a pre-condition to voting, one must “like” the Rimmel London US Facebook page (assuming that they have not done so already). There is a limit of one (1) vote per photo (head-to-toe shot/close-up shot of face/close-up shot of lips) per day (12:00:00 pm ET – 11:59:59 am ET).
Only one (1) person may use a given e-mail address/Facebook user I.D. to submit vote(s). Votes must be manually key-stroked in accordance with the instructions on the Contest Gallery/Website. Use of automated or programmed voting methods is prohibited and any votes garnered by such means will be voided. Use of device or artifice to manipulate or compromise the integrity of the voting procedure will result in voiding of votes deemed by Sponsor/Administrator in their sole discretion to have been affected by such actions and/or disqualification of Finalists whose entries benefited from such actions and/or other legal sanctions. Such illicit actions include, by way of example only, offering of gifts/benefits/consideration in exchange for voting or not voting for a given entry or disparaging a given entrant’s entry.
FINALIST ENTRIES POSTED BY SPONSOR REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL FINALIST AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF FINALIST ENTRIES AND HAS NO OBLIGATION TO AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SCREENING, MONITORING OR REVIEWING THE CONTENT OF FINALIST ENTRIES. SPONSOR WILL NOT EDIT FINALIST ENTRIES SUBMITTED BY FINALISTS PRIOR TO POSTING THEM.
Entrant further expressly acknowledges that Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) with regard to her entry and that Sponsor has wide access to ideas, stories, videos, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/videos/designs/literary/artistic materials may be competitive with, similar to (or even identical to) her entry submitted by entrant (as applicable) and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.
6. DETERMINATION OF GRAND PRIZE WINNER – FINALIST ROUND
To determine the Grand Prize winner, a panel of judges will evaluate materials submitted by Finalists in Steps 1 – 6 in the Final Round as follows: (a) 20% public voting for photos; (b) 25% creativity; (c) 25% overall quality; (d) 30% quality and quantity of Finalist’s social media connections.
Potential Grand Prize winner will be notified by e-mail and/or telephone (method of notification to be chosen by Sponsor/Administrator in their sole discretion). Failure to respond to the initial verification e-mail within two (2) business days or return of e-mail notification as undeliverable after two (2) attempts will result in disqualification without compensation of any kind. Potential Grand Prize winner will be required to complete, sign and return within the specified time period an Affidavit of Eligibility, a Liability Release and Indemnification, and a Publicity Release (collectively, the “Prize Claim Documents”), as well as other documents that Sponsor may require. If the Prize Claim Documents are not returned to Sponsor within the specified time period, or if prize notification is returned as non-deliverable, or if potential winner found to be ineligible or otherwise not in compliance with these Official Rules, prize may be forfeited and potential winner disqualified without compensation of any kind (and, she may be required to return Stay Glossy and Rimmel London product received in the Preliminary Round and/or return Finalist Prize previously received; and, if product/prize return is not possible, she may be required to reimburse Sponsor the value of such product and/or prize.)
7. PRIZES, APPROXIMATE RETAIL VALUES (“ARV”):
Finalist Prize (5) – $50 TopShop online gift card and one (1) additional Rimmel London product (e.g., foundation, mascara, eyeshadow, nail polish) that Sponsor determines in its sole discretion. Total ARV: $63.50 each. Gift card is subject to terms and conditions of use, as provided in conjunction therewith. Finalists may also receive monetary compensation for blogging.
Grand Prize (1) – Grand Prize winner will receive the entire Rimmel London product line available in the U.S. throughout one (1) calendar year (including new product launches). Grand Prize winner will blog throughout the calendar year about the Rimmel London products received. Grand Prize winner will also receive a trip for the winner and one (1) guest to London, UK for 4-days/3-nights and a $1000 cash or cash equivalent (i.e., gift card with issuer of gift card to be determined by Sponsor at time of awarding Prize). Total ARV: $4,500.00. (For the avoidance of doubt, Grand Prize winner will also receive a Finalist Prize.)
Trip consists of: roundtrip coach air transportation for the winner and one (1) guest from international airport near winner’s residence (as determined by Sponsor) to a London area airport (as determined by Sponsor); four (4) nights standard hotel accommodations (one room, double occupancy) at a London area hotel (as determined by Sponsor); and roundtrip ground transportation between London area airport and hotel.
Acceptance of Grand Prize is conditioned upon winner creating “looks” (with head-to-toe, close-up of face and close-up of lips photos) and posting them during and after Trip as well as participating in media activities at Sponsor’s request. All such obligations will be set forth in a separate agreement that Grand Prize winner must sign, in addition to the winner documents she must sign as set forth in Rule 6 above.
Grand Prize trip must be completed by December 31, 2013 and Grand Prize winner must provide at least 45 days advanced notice prior to intended date of departure. Grand Prize winner will also be asked to provide three (3) potential travel dates; but, actual date of travel will be ultimately determined by Sponsor. Once travel is booked, travel dates cannot be changed unless by Sponsor in its sole discretion. Air transportation tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule of route changes. If Grand Prize winner is unable to travel once the travel dates are booked, the prize will be forfeited in its entirety. Grand Prize winner is solely responsible for all other expenses not specified herein, including but not limited to meals/beverages, tips, taxes and hotel incidentals. Grand Prize winner and guest must travel together on specified itinerary, including same departure date, destination and return date or Grand Prize may be forfeited in its entirety. Winner’s guest (if guest is a minor, his/her parent or legal guardian) must sign and return a travel release prior to issuance of travel documents. If guest is a minor, Grand Prize winner must be such guest’s parent or legal guardian. Grand Prize winner and guest assume the risk of any inherent or unforeseen dangers associated with travel. Accommodation restrictions and blackout dates may apply. All travel dates and arrangements are subject to change, availability and Sponsor’s approval. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. Grand Prize winner and guest are responsible for all required travel documents, including visas and valid passports, if and as applicable. In addition, the Grand Prize winner may be required to present a valid credit card at the hotel at the time of check-in. Grand Prize winner and guest must provide own transportation to and from departure airport.
Winners are not entitled to exchange or transfer prizes or to obtain cash or other substitutes, except Sponsor reserves the right to substitute prize(s) or portions thereof of equal or greater value if a prize listed or any portion thereof is unavailable for any reason. All federal, state and/or local taxes are the sole responsibility of the prize winners. Grand Prize winner will receive an IRS Form 1099 reflecting the actual final retail value of Grand Prize, Finalist Prize and Stay Glossy lipgloss received prior to Preliminary Round as well as other tax documents as may be required by law.
Sponsor makes no warranty, representation, or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, its quality, merchantability or fitness for a particular purpose. (The preceding excludes any express warranty made by Sponsor on its own products, with such warranty being governed by its stated terms.)
8. CONDITIONS AND LIMITATIONS OF LIABILITY:
By participating, entrants agree to be bound by and abide by these Official Rules and the decisions of Sponsor and Administrator, and judges regarding the Contest (including the judging of Entries), which shall be final and binding in all respects. By participating in this Contest, entrants agree to release and hold harmless Coty US LLC, Rimmel London, LeadDog Marketing Group, Glam Media, iris USA Inc., the Entry judges, their respective parent, subsidiary, affiliated and successor companies, advertising and promotion agencies, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors and assigns, as well as Facebook, Twitter, Instagram or Pinterest (collectively and individually, the “Released Parties”) from any and all actions, claims, injury, loss or damage (whether due to negligence or otherwise) to person(s), including death, or property, or infringement upon any third party’s rights, (including but not limited to, copyright, patent or trademarks/tradenames/logos, or rights of privacy or publicity, or inclusion of material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light) arising in any manner, directly or indirectly, in whole or in part from participation in this Contest, or any Contest-related activity, and/or acceptance, possession, misuse or use of any prize(s) or Stay Glossy lipgloss/Rimmel London product received prior to Preliminary Round of the Contest. By accepting prize(s), prize winners authorize the Sponsor, and those acting pursuant to the Sponsor’s authority to use their names, voices, likeness, photographs, prize information, biographical data and city and state of residence in any media know known or hereafter discovered, world wide, including on the World Wide Web and Internet, in perpetuity, at any time or times, in advertising, trade and/or promotional material or on a winner’s list (if applicable) without additional compensation (unless prohibited by law) or notice, review or approval. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without obligation or compensation.
Released Parties (as defined below) are not responsible for lost, late, incomplete, stolen, misdirected, illegible entries (including photos, descriptions) or votes; or for any computer, telephone, wireless, satellite, cable, network, electronic, Internet or cell phone hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net/accessibility, availability, or traffic congestion, Internet contact, or any technical error, or program errors or malfunctions or unauthorized human intervention, or the incorrect or inaccurate capture of entries (including photos, descriptions), votes or other information, or the failure to capture, or loss of, any such information. If for any reason the Contest is not capable of running as planned (in whole or in part), as solely determined by Sponsor, including but not limited to by infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures that can corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest. In such event, Sponsor shall conduct the Contest and award the Contest prizes in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. All Entrants or Finalists (as the case may be) will be notified by Sponsor/ Administrator of such action. The right is reserved by Sponsor to disqualify any Entrant who is found, at Sponsor’s sole discretion, to be tampering with the entry process or the operation of the Contest or Website, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure (whether wireless or Internet), theft or destruction or unauthorized access to (or any problems or technical malfunctions of) any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry (including photos, descriptions) or vote to be received (or the incorrect or inaccurate capture of entry [including photos, descriptions], vote or other information, or the failure to capture, or loss of, any such information) on account of technical problems or traffic congestion on the Internet or at the Website, or any combination thereof. Released Parties are not responsible for any injury or damage to entrant’s or any other person’s computer or wireless mobile device related to or resulting from participation in or downloading any materials from this Contest. Further, Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion.
Entrants further agree not to damage or cause interruption of the Contest and/or prevent others from participating in the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE 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 LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. DISPUTES: ARBITRATION/CHOICE OF LAW: Except where prohibited, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded (or product received) or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (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’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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 questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine, and all proceedings shall take place in the City of New York, County of New York.
11, WINNERS LIST: For the names of the prize winners, mail a self-addressed, stamped envelope to: “Rimmel London Stay Glossy Blogger Contest Winners”, c/o LeadDog Marketing Group, 159 W. 25th Street, 2nd Floor, New York, NY 10001, to be received no later than 1/31/13.