#ThePowerIsReal Sweepstakes Official Contest Rules

#ThePowerIsReal Sweepstakes Official Contest Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE SWEEPSTAKES PERIOD.

#ThePowerIsReal Sweepstakes

The #ThePowerIsReal Sweepstakes (the “Sweepstakes”) is sponsored by N.V. Perricone LLC (“Sponsor,” “we,” “our” or “us”). By entering the Sweepstakes, you agree to comply with and be bound by the following #ThePowerIsReal Sweepstakes Official Contest Rules (the “Rules”). Please review the Rules carefully. If you do not agree to the Rules in their entirety, you are not permitted to enter the Sweepstakes.

 

LIMITED TIME ONLY/SWEEPSTAKES PERIOD: The Sweepstakes starts on February 23, 2017 at 12:01 AM Pacific Standard Time (“PST”) and ends March 2, 2017 at 11:59 PM PST (“Sweepstakes Period”). Sponsor’s computer shall be the official timekeeper for all matters related to the Sweepstakes.

Eligibility

The Sweepstakes is open only to residents of the fifty (50) United States (excluding Puerto Rico) and the District of Columbia, who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction) at the time of entry, and that can enter into legally binding contracts under applicable law. The Sweepstakes is void where prohibited by law. Employees (and their immediate family members (parents, children, spouses and siblings, and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of Sponsor, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter the Sweepstakes or win a Prize (as defined below). By participating in the Sweepstakes, entrants agree to be bound by these Rules and the decisions of the Sponsor, which shall be binding and final on matters relating to the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws. Participants wishing to obtain a copy of these Rules may request a printed copy of same by writing to: Perricone MD, c/o eCommerce Department, 600 Montgomery Street, Suite 2500, San Francisco, CA 94111.

How to Enter

During the Sweepstakes Period, entrants must go to Sponsor’s designated Sweepstakes Web page, located at www.perriconemd.com/skincare/shop-by-collection/coming-soon/ (the “Sweepstakes Site”), fill out the online entry form by providing the required information and then submit the online form. In order to complete the online entry form, each contestant must include their: (a) e-mail address; (b) first name and last name; and (c) any other information requested on the online entry form (collectively, “Registration Data”). Upon successful submission of all Registration Data by an entrant, that entrant shall receive one (1) entry in the Sweepstakes (each, an “Entry”). Entrants must update their Registration Data, as necessary, to remain eligible to win a Prize. Sponsor reserves the right to reject any Entry that it believes, in its sole and reasonable discretion, is fraudulent or is otherwise invalid. Limit one Entry per person, per email address during the Sweepstakes Period. Any Entries submitted in excess of this limitation will be discarded. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the permitted number of Entries by using multiple/different email addresses, identities, registrations and logins, or any other method, will void all of that participant’s Entries and that participant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. SPONSOR IS NOT RESPONSIBLE FOR LOST, LATE, INCOMPLETE, INVALID, UNINTELLIGIBLE OR MISDIRECTED REGISTRATIONS, ENTRIES AND/OR NOTICES. IF YOU FAIL TO SUBMIT AN ENTRY FOR ANY REASON WHATSOEVER, YOU WILL NOT QUALIFY FOR A CHANCE TO WIN A PRIZE.

 

In the event of a dispute as to any Entry, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned. Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of the Sweepstakes.

 

Sponsor reserves the right to contact entrants, as well as all other individuals whose email address is submitted as part of the Sweepstakes, for Sweepstakes purposes, as well as for unrelated marketing purposes. Without limiting the foregoing, personal information collected in connection with the Sweepstakes will be used in accordance with the Sponsor Privacy Policy located at www.perriconemd.com/brand/privacy-policy.html (“Privacy Policy”).

 

NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. PURCHASING GOODS AND/OR SERVICES OFFERED BY OR THROUGH THE SWEEPSTAKES SITE OR MAIN SPONSOR WEBSITE WILL NOT INCREASE THE ODDS OF QUALIFYING FOR A PRIZE.

Identification of Entrants

Each Entry will be collected and stored in the Sweepstakes Database. For purposes of these Rules, the “Sweepstakes Database” is defined as the entire list of Entries, identified by e-mail address, collected during the Sweepstakes Period. Sponsor will stop accepting Entries at 11:59:59 p.m. PST on March 2, 2017.

Drawing

On or about March 3, 2017, five (5) potential Grand Prize (as defined below) winners and ten (10) potential Standard Prize (as defined below) winners will be randomly selected by Sponsor from all eligible Entries received by Sponsor during the Sweepstakes Period.

Winner Notification

Potential Prize winners will be notified on or about March 4, 2017 by e-mail. The potential Prize winners will be subject to eligibility verification. The potential Prize winners may be required to execute and return a notarized affidavit of eligibility, a liability release and, where lawful, a publicity release (collectively, “Affidavit”) within fifteen (15) days of date of issuance. In addition, the potential Prize winners will be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that such individuals are the entrants that submitted the applicable winning Entries. If: (a) the completed Affidavit is not returned within the specified time period; (b) a Prize or Prize notification is returned as undeliverable; (c) Sponsor is unable to contact a potential Prize winner; or (d) a potential Prize winner is not in compliance with these Rules, the Prize will be forfeited and an alternate potential Prize winner will be selected. The winning Entries, as well as the associated information of the potential Prize winners, must identically match the records maintained by Sponsor in order for the applicable Prizes to be awarded. In the event of a dispute, the information maintained by Sponsor will govern.

Prizes

Grand Prizes: Five (5) grand prize winners will each receive the full “The Power is Real Collection” set of Sponsor-branded products (each, a “Grand Prize”). The approximate retail value (“ARV”) of each Grand Prize is Three Hundred and Five Dollars ($305.00), and the total ARV of all five (5) grand prizes is One Thousand Five Hundred and Twenty-Five Dollars ($1,525.00). The ultimate Sponsor-branded products included in each Grand Prize will determined by Sponsor in its sole discretion.

 

Standard Prizes: Ten (10) standard prize winners will each receive one (1) of the items from the “The Power is Real Collection” set of Sponsor-branded products (each, a “Standard Prize,” and together with the Grand Prizes, the “Prizes”). The ARV of the Standard Prizes ranges from Fifty Dollars ($50.00) to One Hundred Dollars ($100.00) each, depending on the applicable Sponsor-branded Product. The ultimate Sponsor-branded product included in each Standard Prize will determined by Sponsor in its sole discretion.

 

General Prize Terms: The Prizes are provided on an “as is” basis, with no warranty or guarantee, either express or implied, by Sponsor. Winners may not substitute, assign or transfer Prizes or redeem Prizes for cash, but Sponsor reserves the right, at its sole discretion, to substitute a Prize (or any portion thereof) with one of comparable or greater value. Prize winners will not receive the difference between the actual Prize value and the applicable ARV, if any.  The specifics of all aforementioned elements of the Prizes shall be determined by Sponsor in its sole and exclusive discretion. Some restrictions may apply. Sponsor reserves the right not to award all Prizes or to choose fewer than fifteen (15) Prize winners if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.

 

Taxes: All costs, taxes, fees, and expenses associated with any element of the Prizes not specifically addressed above are the sole responsibility of the applicable Prize winners. All federal, state and local taxes associated with the Prize winners’ receipt of the Prizes are those Prize winners’ respective responsibility. In connection with the foregoing, where required by law, the Grand Prize winners may be issued 1099-MISC tax forms for the actual value of the Grand Prizes.

Odds of Winning

The odds of winning a Prize depend on the number of eligible Entries received by Sponsor during the Sweepstakes Period.

Publication

Acceptance of a Prize constitutes the applicable Prize winner’s permission for Sponsor to use the Prize winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.

Privacy Statement/Use of Data

Sponsor will be collecting personal data about entrants online, in accordance with its Privacy Policy. Please review the Sponsor’s privacy policy at www.perriconemd.com/brand/privacy-policy.html. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy. To the extent that the Privacy Policy is in conflict or inconsistent with these Rules as they pertain to the Sweepstakes, these Rules shall take precedence.

Release

By entering the Sweepstakes, each entrant agrees to release and hold harmless Sponsor, its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Sweepstakes including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each contestant further agrees that, in the event that there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Sweepstakes, these Rules will govern.

Choice of Law/Dispute Resolution/Class Action

Any disputes arising out of or related to the Sweepstakes shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Should a dispute arise concerning the Sweepstakes, the terms and conditions of these Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in accordance with the then current Commercial Arbitration Rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you must submit your dispute for resolution by arbitration before the AAA as set forth above, or a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which can be found on the AAA website located at: www.adr.org.  For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions.  If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.  Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration.  Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

 

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Sponsor and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the Entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Sponsor incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you submit your first Entry.  

Disqualification/Irregular Entries

Sponsor, its legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost or erroneous Entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Sweepstakes, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate contestant’s eligibility to participate in the Sweepstakes. In the event that any portion of the Sweepstakes is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Sweepstakes or any part of the Sweepstakes, or any combination of the above. Sponsor, its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause. Sponsor’s sole responsibility for any irregular Entry is replacement with another Entry in a subsequent drawing.

Indemnification

You agree to release, indemnify and hold Sponsor, its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your unauthorized or improper activity in connection with the Sweepstakes; (b) your breach of these Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Sponsor, and its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Severability

Should any part of these Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.