TERMS AND CONDITIONS
PROMOTION OPEN TO PARTICIPANTS LOCATED IN THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING PUERTO RICO, THE U.S. VIRGIN ISLANDS, AND OTHER COMMONWEALTHS, TERRITORIES AND POSSESSIONS), 18 YEARS OLD OR OLDER.
The Instagram application is available exclusively for mobile devices. Data charges may apply, in accordance with carrier's Terms and Conditions applicable to customer's particular voice/data rate plan. Contact your wireless carrier for plan details.
1. Acceptance of Terms and Conditions: By uploading a photograph to Instagram with the hashtag #ArriveHydrated, you hereby accept and agree to the terms of the Promotion (as defined below).
2. Eligibility: La Mer Arrive Hydrated Sweepstakes is open only to those legal residents of the 50 United States and the District of Columbia 18 years of age or older as of the date of entry and who meet the eligibility requirements. Employees of La Mer or other companies associated with the Promotion, and their affiliates, subsidiaries and parent companies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible to enter.
3. Promotion Description: During the Promotion Period (as defined below), viewers may upload a photograph showcasing hashtag #ArriveHydrated. There is no limit to the number of photographs a user may upload. All uploaded photographs that qualify with this Terms and Conditions, shall be published on the Instagram platform and are available for public access. All Federal, state and local rules and regulations apply. Void where prohibited or restricted by law.
4. Upload Period: 'La Mer Arrive Hydrated promotion (the "Promotion") begins at 12:00 p.m. Eastern Standard Time ("EST") October 16, 2013 and ends at 11:59 p.m. EST on Wednesday, November 13, 2013 ("Promotion Period"). The computer clock of Instagram is the official time-keeping device in the Promotion.
5. How to Participate: To participate in the Promotion users need to download the Instagram application that can be found at http://instagram. During the Promotion Period, Users will submit their photos via the Instagram application with the hashtag #ArriveHydrated and tag @LaMerOfficial in the 'What' field ("Submission"). Users must own a mobile device and have an Instagram account. Users must set their Instagram profiles to public for a submission to be considered valid. Winners will be announced on the @LaMerOfficial Instagram account and will be contacted via a comment on the winning photo with contact information and instructions to claim the prize. The individual featured in the Submission must be the entrant for purposes of this Promotion. All Submissions become the sole property of Sponsor and will not be returned. All Submissions must be received by 11:59 p.m. EST on Wednesday, November 13, 2013. Winners will be randomly drawn from all eligible entries. One (1) winner will be drawn each week for four (4) weeks.
6. Photo requirements: Photograph file(s) cannot exceed 250 MB in size (limit one photograph per individual upload). The photograph must be an original creation of the user submitting the photograph and only show the locale and La Mer product. The photograph may not include images of any identifiable people. The photographs cannot be disparaging, abusive, sexually explicit, sexually suggestive, offensive, illegal, obscene, vulgar, offensive, indecent, in bad taste, reflect negatively on the Sponsors (or any of them), promote or incite violence, terrorism, or illegal acts, or be otherwise objectionable (all as determined by the Sponsors in their sole discretion). Additionally, the photographs must not: i) infringe any third party's rights, including, without limitation, copyright, trademark, right of publicity, right of privacy or trade secret and, must not in any way violate applicable laws and regulations; ii) contain libelous or otherwise defamatory statements (words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); or iii) contain any commercial content that promotes any product or service or contain or reference any third party names, logos, service marks, trademarks, copyrights, trade names or trade dress. The determination of whether a photograph violates any of the above prohibitions shall be within Sponsors' sole discretion. If a photograph is deemed by the Sponsors to violate any such prohibition(s), the photograph shall be disqualified and removed from the Promotion. Sponsors reserve the right to take down any photograph from the Promotion at any time during or after the Promotion and for any reason or for no reason at all in Sponsors' sole discretion.
7. One (1) Limited Edition World Oceans Day Crème de la Mer 100 ml per winner. 4 winners will be chosen.
The odds of winning a prize are determined by the total number of eligible entries received. All prizes are awarded "as is" with no guarantee, either express or implied. If by reason of a printing, typographical, or other error, more prizes are claimed than the number set forth in these official rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. The prize will be shipped to the winner via ground Shipping and at the expense of the Sponsor.
8. License Grant: By uploading your photograph, you grant the Sponsors a perpetual, worldwide, royalty free license to publish, display, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse the photograph on the Aveda Facebook Page and/ or Twitter channel with no compensation to you other than possibly getting your photograph published on the Aveda Facebook Page and/ or Twitter channel. Sponsors reserve the right to reproduce the photograph in full (or to not reproduce any particular photograph at all), or edit and enhance the photograph at their discretion. Sponsors are authorized to use or not use the photographs as they see fit, including usage in advertising and promotions. Photographs will not be returned to users.
9. Conditions of Participation: As conditions of participating in the Promotion, each user: (a) WARRANTS AND REPRESENTS THAT: (i) USER IS THE CREATOR OF THE PHOTOGRAPH AND IS IN COMPLIANCE WITH THIS TERMS AND CONDITIONS; (ii) EXCEPT FOR THE LICENSE GRANTED TO SPONSOR THROUGH THIS TERMS AND CONDITIONS, USER HAS NOT GRANTED, AND WILL NOT GRANT, ANY RIGHTS WHATSOEVER IN THE PHOTOGRAPH TO ANY OTHER PERSON OR ENTITY; (iii) THE PHOTOGRAPH DOES NOT CONTAIN ANY CONTENT THAT IS OR MAY BE LIBELOUS, SLANDEROUS, INACCURATE, FALSE, OR
POTENTIALLY DANGEROUS OR HARMFUL IN ANY WAY; (iv) IF USER'S PHOTOGRAPH IS POSTED ON THE AVEDA FACEBOOK AND TWITTER CHANNELS PARTICIPANT UNDERSTANDS AND AGREES THAT VISITORS TO THESE WEBSITES MAY COMMENT FREELY ON USER'S PHOTOGRAPH AND/OR USER. THE SPONSORS SHALL NOT HAVE ANY LIABILITY TO USER OR ANY THIRD PARTY IN CONNECTION WITH ANY SUCH COMMENTS (WHICH USER UNDERSTANDS MAY NOT BE FAVORABLE). USER UNDERSTANDS AND AGREES THAT USER SHALL NOT HAVE ANY RIGHTS OR CLAIMS ARISING FROM OR CONCERNING SUCH COMMENTS. (v) THE PHOTOGRAPH: (1) IS ORIGINAL TO USER AND HAS BEEN LEGALLY OBTAINED AND CREATED; (2) DOES NOT CONTAIN ANY CREATIVE ELEMENTS OR INTELLECTUAL PROPERTY OF A THIRD PARTY; (3) DOES NOT VIOLATE OR INFRINGE UPON THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS; AND (4) HAS NOT PREVIOUSLY BEEN COMMERCIALLY PUBLISHED OR PERFORMED PUBLICLY; (vi) USER MEETS ALL OF THE ELIGIBILITY REQUIREMENTS SET FORTH IN THIS TERMS AND CONDITIONS RENDERING USER ELIGIBLE TO SUBMIT USER'S PHOTOGRAPH. USER'S PHOTOGRAPH IS IN FULL COMPLIANCE WITH ALL THE REQUIREMENTS AND RESTRICTIONS AS SET FORTH IN THIS TERMS AND CONDITIONS. (b) agree to execute any documents or take any further action required by Sponsors to effectuate the license grant and other agreements made by each user in this Terms and Conditions. In addition, and at Sponsors request, each user agrees to execute any and all documents that assign to any one Sponsor, all rights, title, interest and copyright in and to his/her Photograph.
10. Disclaimers: The Sponsors and their respective parents, subsidiary and affiliated entities, employees, licensees, assigns and persons (collectively, the "Administrators") are not responsible for and shall not be liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of lost, incomplete, late, damaged, misdirected or incomplete uploads or online communications; difficulties, failures or malfunctions of phones (including wireless phones/handsets), phone lines or telephone systems or other communications malfunctions; cellular equipment towers, telephone systems or wireless services; interrupted or unavailable networks or servers; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion or for any technical problem which may cause the upload to be disrupted or corrupted; errors in receipt of uploads. Administrators are not responsible for any injuries, loss, or damage of any kind to person, including death, and property arising in whole or in part, directly or indirectly, from participation in the Promotion.
If for any reason the Promotion is not capable of being executed as planned, or if there is an infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures, or if any other causes beyond the control of Administrators corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, the Administrators reserve the right, in their sole discretion, to withdraw the transmission of any photograph. Furthermore, the Administrators may permanently disqualify from the Promotion any person they believe has intentionally violated the Terms and Conditions, and to terminate or suspend the Promotion if it appears that the upload process has been distorted by hacking or other interference Administrators and their respective agents, officers, directors, employees, subsidiaries and affiliates assume no responsibility for any injury or damage to users or to any other person's mobile device relating to or resulting from entering or downloading materials or software in connection with this Promotion. Administrators are not responsible for telecommunications, network, electronic, technical or computer failures of any kind, for errors in any promotional or marketing materials, for any human or electronic error, or for uploads that are stolen, misdirected, garbled, delayed by computer or wireless transmissions, lost, or late.
These Terms and Conditions are subject to change at any time at the sole discretion of the Administrators. Notification regarding any such change will be posted on the Aveda Facebook Page (Facebook.com/Aveda) and/ or Twitter channel (Twitter.com/Aveda).
WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE SPONSORS RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Each user who participates in this Promotion hereby releases and agrees to hold harmless the Sponsors and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from participation in this Promotion and participation in any activity related to this Promotion.
IN NO EVENT WILL THE SPONSORS, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, 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 THE PROMOTION OR THE UPLODING TO OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE PROMOTION. 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.
Sponsor reserves the right, for any reason and in their sole discretion, to modify, suspend or discontinue the Promotion without prior notice.
11. Winners List For an official winner list, please send an email to LaMerContest@cremedelamer.com with the sweepstakes "La Mer Arrive Hydrated" name in the subject line.
Sponsor: La Mer