Shop Essence Giveaway- Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
PROMOTION DESCRIPTION: The Shop Essence Live Giveaway - Quon’s Eyes™ Contest (The “Promotion”) will take place from April 23rd, 2020 to April 28th, 2020. Participants are invited to first follow @quonseyes and @TheShopEssence, and then like and share the designated post, by tagging @quonseyes, @TheShopEssence, and a coronavirus front liner or lash lover who you think should win. Please list only coronavirus front liner or lash lover per post. Each Entry must clearly follow the entry criteria, as defined below.
By participating in the Promotion, each participant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Essence Communications, Inc. (the “Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: The Promotion is open to legal residents of the 48 contiguous United States, including the District of Columbia, who are age 18 older at the time of entry. Void in Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of the Sponsor and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Promotion is subject to all applicable federal, state and local laws and regulations.
TIMING: The Promotion begins at 12:00:01 AM Eastern Time (“ET”) on April 23rd, 2020 and ends at 11:59:59 PM ET on April 28th, 2020 (the “Promotion Period”). The Sponsor’s computer is the official timekeeping device for this Promotion.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”):
Grand Prize: Two (2x) Contestant Prize Winners will receive a Shop Essence Live Giveaway - Quon’s Eyes™ prize package that will include:
- A One (1x) Year Supply of Quon’s Eyes Lash Products
- The total ARV is of the Contestant Prize is Four Hundred Dollars ($400.00) each.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE IN CONJUNCTION WITH PARTICIPATION IN PROMOTION (AS APPLICABLE). CURRENTLY, INSTAGRAM ONLY SUPPORTS IOS AND ANDROID SMARTPHONES. WIRELESS INTERNET SERVICE MAY NOT BE AVAILABLE IN ALL AREAS. INSTAGRAM IS FREE TO DOWNLOAD AND AVILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.
Sponsor may not receive Contest Entries from users with “protected” updates or profiles that are not public (i.e. user has set the Account so that only people the user has approved can view updates). Posts not received by the Sponsor will not be entered into the Promotion. Multiple participants are not permitted to share the same email address or Account. Incomplete Contest Entries will not be accepted and are void.
Limit: One (1) Contest Entry per person and per Account.
Please note: uploading a post to Instagram alone will NOT result in an entry into the Contest. The specific hashtags must be used and other entry requirements complied with. After a Contest Entry is submitted, it cannot be modified by an Entrant. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted.
ENTRY REQUIREMENTS & CONDITIONS: All Contest Entries must comply with the following minimum guidelines to be eligible:
- Entrant must follow @TheShopEssence and @Quonseyes
- Entrant must like and repost contest photo, tagging @TheShopEssence, @Quonseyes, and @Entrant
- Entrant should be submitted via Instagram and must include the hashtag #ShopEssenceLive
- Entry must conform to the format and size requirements and limitations of entrant’s Account.
- Entry cannot contain content that is irrelevant to the purpose of the Contest.
- Once an entry has been submitted, it cannot be modified or deleted by Entrant.
- Entry cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
- Entry cannot be violent or promote firearms/weapons.
- Entry cannot promote alcohol, illegal drugs or tobacco.
- Entry cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
- Entry cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
- Entry cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethnic, racial, gender, religious, professional or age group.
- Entry cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
- Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor or Instagram wish to associate.
- Entry cannot depict illegal activity and cannot itself be in violation of any law.
- Entry cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
- Entry may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
- Entry cannot have been submitted previously in a promotion of any kind or won any previous awards.
- Entries that do not comply with these Guidelines will be disqualified.
By submitting a Contest Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use Entrant’s Contest Entry, Photo, Video, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Each Entrant represents that each person appearing in a Video also grants these rights to Sponsor and will confirm that upon request. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Contest Entry, which includes a Video.
By submitting a Contest Entry, Entrant warrants and represents that: (a) Contest Entry, Photo and Video do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant has obtained written permission from any person who may appear in the Entry; (c) Entrant owns all rights to the Entry, including without limitation, copyrights, and has received prior written permission from a third party if any such thirty party was photographed/video recorded by someone other than the Entrant him/herself; and (d) Entrant will indemnify and hold harmless the Sponsor and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Contest Entry, or Entrant’s conduct in creating the Contest Entry, the acceptance or use of any prize or otherwise in connection with this Promotion.
CONTEST ENTRIES ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
WINNER NOTIFICATION: Potential Contestant Prize winner will be notified on/around April 30th, 2020, via a private message to his/her Account, and he/she must respond as instructed to the private message from Sponsor within twenty-four (24) hours of private message notification. Once the potential winner has responded as instructed via direct message from their Account as outlined above, potential winner will be contacted by the Administrator by email or phone within two (2) business days and will be required to sign and return an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases") within three (3) days of notification. These Releases will require the Contestant Prize winner to furnish their Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and the Entrant with the next highest judging score will be deemed a potential winner.
PRIZE CONDITIONS: If any notification or prize is returned as undeliverable, or if potential finalist or winner is found to be ineligible or not in compliance with these Official Rules he/she will be disqualified.
Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility. Winners are responsible for all federal, state, local and income taxes associated with winning prize, as applicable. Contestant Prize winner will be required to furnish his or her Social Security Number for the sole purpose of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion 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.
By accepting Contestant Prize, winner further agrees to release the Promotion Entities from any and all liability, loss or damage of any kind arising out of or in connection with your participation in this Promotion or with respect to the awarding, receipt, possession, use and/or misuse of any prize.
GENERAL: Participating Entrants agree to these Official Rules and the decisions of the Sponsor, and release and hold the Sponsor, and their affiliated companies, and all other businesses involved in this Promotion, as well as the employees, officers, directors and agents of each (the “Promotion Entities”), from all claims and liability relating to their participation in the Promotion, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Promotion or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of any prize.
No confidential relationship is established by any Entrant and the Sponsor as a result of participating in the Promotion. None of the information submitted by the Entrant will be treated as trade secrets, confidential information or as protected data.
Although subsequent attempts to submit a Contest Entry may be received, only the first complete Contest Entry received from a particular Entrant will be eligible; subsequent attempts by the same person to Enter, including entries submitted with an alternate email address, Account, or identity will be disqualified. In the event of a dispute over the identity of an entrant, submission will be deemed submitted by the "Authorized Account Holder" of the email address submitted by the Entrant or the Account from which the entry is submitted. Authorized Account Holder means the natural person to whom the email address or Account is registered. Any entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void.
The Promotion Entities, are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Promotion.
By participating in the Promotion, each Entrant (i) agrees to be bound by these Official Rules, including all eligibility requirements, and (ii) agrees to be bound by the decisions of the Sponsor which are final and binding in all matters relating to the Promotion. Failure to comply with these Official Rules may result in disqualification from the Promotion. Sponsor reserves the right to: (i) permanently disqualify from any Promotion it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Promotion). If, for any reason, the Promotion is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and/or the nature of the Prize. Sponsor is not responsible if the Promotion cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the entry process or the operation of the Promotion. Sponsor reserves the right to disqualify any Entrant at any time during the Promotion Period that may be found ineligible.
In the event any participant engages or has engaged in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant or winner and void any Contest Entries of said person.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Kings County, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Kings County, New York. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Kings County, New York. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after May 1st, 2020), send a stamped, self-addressed envelope (no later than June 30th, 2020), to: The Essence Shop Essence Live Giveaway - Quon’s Eyes™ Contest Winner Confirmation Request, 34 35th Street, suite 5A Brooklyn, New York 11232
SPONSOR: Essence Communications, Inc., 34 35th Street, suite 5A Brooklyn, New York 11232.
Void outside the US, in Alaska, Hawaii, Puerto Rico, and wherever else prohibited by law.